Reasons to Consider Filing Chapter Thirteen to Stop FOreclosure
Filing for bankruptcy can sometimes be an effective way to stop foreclosure. The type of bankruptcy you need to file if you want to have any chance at saving your home is chapter thirteen bankruptcy reorganization. This is the only type of bankruptcy that will allow you to keep your home. Filing for bankruptcy under chapter seven will only discharge your debts, not let you reorganize them.
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 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.
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.
One of the major pitfalls of reorganization is the danger of falling behind on payments again. Bankruptcy is your last chance. If you decide to go this route, you must be careful to stick to your plan. Any deviation could put you right back into bankruptcy court, this time to force the sale of your assets. If you set up a reorganization plan, be sure that you will be able to follow through on it. Don’t agree to payments you aren’t going to be able to keep up with.
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.
Chapter thirteen reorganization is not for everyone, but in some cases it is the best chance at saving a home from foreclosure. Make sure you research all of your options thoroughly before deciding to file for bankruptcy and decide for yourself whether the potential benefit is worth having a negative mark on your credit report.
No person in the world wants to lose their home. This is why there are a lot of people looking for a way to Stop Foreclosure. If you are one of them, you may want to look for Foreclosure Help.
Tags: Chapter 13, chapter thirteen bankruptcy, debt, finance, foreclosure, Loans, Mortgage, Personal Finance, real estate
