The Foreclosure Survival Guide

5. How Chapter 13 Bankruptcy Can Delay or Stop Foreclosure

Introduction

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Chapter 13 bankruptcy can help you save your house. How? It gives you time to make up your missed pay­ments and can make your mortgage debt more afford­able in the long term by reducing your overall debt load.


You get these crucial benefits by proposing a debt repay­ment plan to the court when you file for Chapter 13 bankruptcy. In the plan, you show that you have enough income to keep making mortgage payments, gradually make up the payments you’ve missed, and pay back a percentage of your other debts. 


It’s not easy to stick to this kind of a repayment plan for three to five years, but if you do, you’ll be well rewarded. All your remaining unsecured debt will be wiped out—and you will have kept your house.


The benefits of Chapter 13 bankruptcy start the minute you file. That’s because filing for bankruptcy immediately stops a foreclosure in its tracks. As soon as you file, the federal bank­ruptcy court issues what’s known as a stay. This is a court order that bars all of your creditors, including mortgage lenders, from making any attempt to collect a debt you owe unless they get court permission. And once the bankruptcy judge approves your repayment plan, you will be safe from foreclosure over the entire plan period, as long as you keep making the required plan payments and your loan payments.


More information on Chapter 13 bankruptcy. This chapter gives only an overview, to help you determine whether or not Chapter 13 bankruptcy might help you save your house–or at least keep you living in it longer. To learn more about this powerful remedy, see:


the bankruptcy and foreclosure areas of www.nolo.com


The New Bankruptcy: Will It Work for You? (Nolo), which explains your bankruptcy options, and


Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time (Nolo), a step-by-step guide to filing for Chapter 13 bankruptcy. 


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