Renaissance Realty Group’s Blog: Will a Bankruptcy Stop the Foreclosure?

Will a Bankruptcy Stop the Foreclosure?

 Have to say Yes and No .. it is much like crossing your legs when your in labor. Bankruptcy will stop the foreclosure only for as long as you can keep your legs crossed or until the baby(bank) has decided it has had enough and wants out.

Bankruptcy

Filing for Chapter 7 or Chapter 13 bankruptcy protection sometimes paves the best path for debtors to retain their houses and deal with their creditors. Advantages of bankruptcy include the debtor's ability to stop foreclosure without creditor acceptance and encompassing more than just the mortgage debt with a single action. If bankruptcy emerges as our first recommendation, your personal circumstances must be well suited for this option. In most cases bankruptcy comes as a last resort. While you may file bankruptcy on your own, you will almost always be better served to hire a qualified, experienced bankruptcy attorney.

In Chapter 7 all nonexempt assets are turned over to the bankruptcy trustee and debts discharged. Exemptions vary by state. In most cases the debtors possess so few assets that they may keep everything and have all of their debts wiped out completely. If a chapter 7 will not yield this result it may not be the best option. In Chapter 13 a plan outlines how the debtor will pay creditors over a three to five year period. Only a Chapter 13 can stop a creditor from foreclosing on a delinquent debtor over a period of years. Under a chapter 13 the court retains the right to scrutinize finances of the debtor for the life of the reorganization plan. For a Chapter 13 to work payments under the plan must be kept up or the court protection will evaporate and the house will go to foreclosure

 

Will a Bankruptcy Stop the Foreclosure?

0 commentsEric Reid • May 06 2009 03:40PM

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