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.
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.
When you file for reorganization under chapter thirteen, the foreclosure process on your home will be halted, at least temporarily. This can buy you some time to work out another plan for saving your home. For example, if you have a buyer but need more time for them to close. However, keep in mind that even if your plan succeeds, you are going to end up with a bankruptcy filing on your credit report in addition to the foreclosure action that is already there.
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.
If you are more concerned about keeping your home than what your credit report looks like, chapter thirteen bankruptcy may be just the right solution for you. If the court approves your reorganization, you will be able to make payments to your mortgage holder and other creditors according to the new payment plan agreed upon during the bankruptcy process.
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.
A reorganized payment plan is not guaranteed when you enter chapter thirteen bankruptcy. The judge may determine that you are unable to pay off your debts and refuse your plan. It is a good idea to discuss your case with a good bankruptcy attorney before deciding to proceed with chapter thirteen bankruptcy. An experienced attorney will have a pretty good idea of how likely you are to be able to reorganize your debts under chapter thirteen.
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 started foreclosure proceedings, it is difficult to get them stopped. However, there are a a few ways that it may be possible to Stop Foreclosure on your house. The first being Foreclosure Help.