How Filing for Bankruptcy Can Help Stop Foreclosure
Filing for bankruptcy under chapter thirteen is a method that is used by many homeowners to stop foreclosure. This is the only form of bankruptcy that offers hope of allowing the mortgagee to remain in the home. If you are trying to avoid losing your home to foreclosure by filing for bankruptcy, you need to file for chapter thirteen bankruptcy, not chapter seven.
You are a good candidate for bankruptcy reorganization under chapter- if you feel that changing the payment terms for your debts will allow you to be able to handle the payments. If you have so much debt that the payment will be too high for you no matter what the interest rate and terms are, then chapter thirteen bankruptcy organization is not a good idea for you.
The best part of filing for chapter thirteen bankruptcy is that it usually stops the foreclosure process immediately. This is not a permanent thing though. It’s just a temporary stay until the bankruptcy proceedings are completed. Some people choose to take advantage of this stay to try to get their house sold if they have a sale pending. It may buy enough time to allow you to complete the sale before the foreclosure goes through. However, a bankruptcy looks just as bad as a foreclosure on your credit report so that should be taken into consideration.
Having your credit report scarred by not just a foreclosure but a bankruptcy as well makes you look very questionable to potential lenders. For that reason, you should think twice about filing for bankruptcy if you think you are going to be trying to buy another home within the next few years.
Although the credit repercussions can be severe, many people opt for chapter thirteen bankruptcy in an attempt to save their homes. In fact, bankruptcy reorganization is often the only realistic option to prevent foreclosure of a home. Under bankruptcy reorganization, you and your attorney will come up with a plan to pay off your debts. A federal bankruptcy judge will then have to approve your plan.
Of course, you should take extra care to ensure that your bankruptcy reorganization plan is realistic. You will not be given another chance to reorganize your debts. Once you have set up a bankruptcy reorganization plan, you must make every payment on time. Otherwise, you could still end up losing your home to foreclosure.
If you file for bankruptcy reorganization under chapter thirteen, there is a chance that you still may not be able to work out a payment plan with your creditors. There is no guarantee going into bankruptcy reorganization what the outcome will be. However, a good bankruptcy attorney will be able to help you determine whether a chapter thirteen bankruptcy is likely to be in your best interest.
Not everyone will benefit from bankruptcy reorganization, but depending on your circumstances it could be your best option for stopping foreclosure on your home. Be sure to do your homework first though because there are pros and cons to filing for chapter thirteen bankruptcy. Only you can decide whether the pros outweigh the cons.
Once a bank has initiated foreclosure proceedings, it is difficult to get them stopped. However, there are three different ways that it may be possible to Stop Foreclosure on your residence. The first being Foreclosure Help.