Why to Consider Filing for Chapter Thirteen to Stop Foreclosure

By Adam Whazzer

One thing that can sometimes be effective to stop foreclosure is filing for bankruptcy. If you decide to take this step, it's important to make sure you are filing for chapter thirteen bankruptcy reorganization, not chapter seven bankruptcy. A chapter seven bankruptcy will not save your home because your assets are sold off a during chapter seven bankruptcy.

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 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.

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.

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.

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. - 29866

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