Stop Foreclosure with Bankruptcy

December 9, 2009

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.

If you have a reasonable amount of debt that might be manageable if you are able to change the terms, then you might be able to do a bankruptcy reorganization. This type of bankruptcy is not for people who are drowning in so much debt that they will never be able to pay it off regardless of the terms.

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.

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.

Once a bank has initiated foreclosure proceedings, it is difficult to get them stopped. However, there are a couple of different ways that it may be possible to Stop Foreclosure on your house. The first being Foreclosure Help.

Bookmark, Email, & Print This Article:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
  • email
  • Tipd

Related posts:

  1. Can You Stop Foreclosure With Bankruptcy?
  2. Thinking About Filing For Bankruptcy? What You Should Know And What You Should Never Do
  3. Should You Stop Foreclosure By Filing For Bankruptcy?
  4. Why You Should File for Chapter Thirteen to Stop Foreclosure
  5. Three Ways to Stop Foreclosure Proceedings on Your Home

Leave a Comment

Previous post:

Next post: