Why to Consider Filing for Chapter Thirteen to 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.
For people who are having trouble paying their monthly payments, bankruptcy reorganization allows the possibility of restructuring debt with new terms so that the resulting payments are more manageable. Chapter thirteen bankruptcy does not help people who have more debts than they can ever hope to repay. You must be able to present a realistic plan for repaying your debts within a reasonable time period.
The foreclosure process is usually stopped by filing for bankruptcy. This is not a permanent situation, however. Filing for bankruptcy does not guarantee that the foreclosure will not proceed. However, the foreclosure will be halted temporarily so that you can attempt to reorganize your debts. If you have another plan for avoiding foreclosure that requires more time, such as a pending sale on your home, this tactic can help you buy the time you need. However, filing for bankruptcy will add another negative mark to your credit report on top of the foreclosure.
If you end up with both a home foreclosure and a chapter thirteen bankruptcy on your credit, it will really reduce your chances of getting a loan in the future. It is best to have as few negative marks as possible on your credit report. That is especially true of the biggest negatives – bankruptcy, foreclosure and eviction.
Since bankruptcy reorganization is one way that someone facing foreclosure has a shot at keeping their home, it is worth taking a look at if you are in that situation. If you qualify for bankruptcy reorganization and can come up with a plan that is acceptable to the court for paying back your debts, you may be able to stay in your home.
During bankruptcy reorganization, be careful not to agree to a repayment plan that will be extremely difficult for you to abide by. Think of this as your last chance to save your home. If you fall behind on your payments again after you have gone through a chapter thirteen bankruptcy, it is very unlikely that you will be able to save your home.
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.
Due to economic hard times, lots of families are struggling with the reality that they may loose their residence. There are couple of options available to Stop Foreclosure with Foreclosure Help, specifically for those threatened by lenders about repossessing their house.
Tags: credit, credit report, debt, finance, foreclosure, loans, mortgage, Personal Finance, real estate
