Saturday, November 28, 2009

Should You Try to Stop Foreclosure with Bankruptcy?

By Adam Whazzer

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.

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.

The combination of bankruptcy and foreclosure on your credit report looks really bad to future prospective lenders. For that reason, you should consider your options carefully before choosing to file for bankruptcy in order to stop the foreclosure on your home.

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.

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 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. - 29904

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