| Is it a Good Idea to File for Chapter Thirteen to Stop Foreclosure? |
| Written by Adam Whazzer |
| Tuesday, 08 December 2009 08:12 |
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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.
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 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. 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. 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. Chapter thirteen does not help everyone. In fact, it can make things worse if you are unable to keep up with the reorganized debt payments. You should always do plenty of research before making a major financial decision, and this is no different. Learn all you can about bankruptcy and foreclosure before deciding whether chapter thirteen bankruptcy is the right choice for you. About the Author: Due to economic difficulties, 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. |