Should You Stop Foreclosure By Filing For Bankruptcy?
Articles - Mortgage
If you are facing foreclosure, your biggest concern right now is how to save your home. Nothing else really matters. You are facing an uphill battle, but it is not impossible to stop foreclosure. Filing for chapter thirteen bankruptcy is last resort way to keep from losing your home.
by GingerTaylor


If you are facing foreclosure, your biggest concern right now is how to save your home. Nothing else really matters. You are facing an uphill battle, but it is not impossible to stop foreclosure. Filing for chapter thirteen bankruptcy is last resort way to keep from losing your home.

Chapter thirteen bankruptcy offers a way to keep the mortgage company from foreclosing on your home. When you file, the foreclosure stops immediately until the bankruptcy process is completed. With this type of bankruptcy, you submit a plan to repay your debts. However, this plan is scrutinized by your creditors and must be accepted by a judge in order for the bankruptcy to proceed.

You can't file for bankruptcy until after you have completed credit counseling. This requirement serves the purpose of making sure that bankruptcy is really the only way you will be able to pay off your debts. The credit counseling company will work with you try to come up with a way for you to repay your debts without bankruptcy. Their proposed plan must be submitted when you file.

Within fourteen days after you file for chapter thirteen, you must file your repayment plan. This is usually done at the same time as the original filing, but it can be done later if you are not quite ready yet, as long as it is on file with the court within fourteen days.

You will be required to attend a creditor's meeting, and all of the companies and people you owe money will have a chance to ask you questions. The purpose of this meeting is to give your creditors a chance to object if they do not feel you will be paying as much as you possibly could under the proposed plan.

After the creditor's meeting has been completed, your repayment plan will be reviewed by the court to make sure that it meets the requirements set forth in the bankruptcy code. It can take up to 45 days for approval, but you have to start making payments according to the terms of the agreement within 30 days.

If you are able to stick to the repayment plan, chapter thirteen bankruptcy can stop foreclosure and save your home. However, if you default on the agreement, the court can convert your case to a chapter seven bankruptcy and sell off your assets to pay your debts. Because of the pros and cons involved with this plan, it is important to discuss this option with an experienced loan modification attorney before filing bankruptcy.



DISCLAIMER: This article is provided as information only and is not to be taken as financial advice.

Call janian and associates for a free consultation with a loan modification attorney.