What happens to your home when you file for Chapter 13 bankruptcy? For the most part, you don't give up any property in Chapter 13 bankruptcy. This means that if you are current on your mortgage, you keep your home. If you are behind on your mortgage or facing foreclosure, Chapter 13 (unlike Chapter 7) allows you to make up mortgage arrears through your Chapter 13 plan.
Chapter 13 bankruptcy provides other tools to reduce your home mortgage debt. You can strip off junior liens (second or third mortgages or home equity lines of credit) in certain situations. This can reduce your home loan debt significantly.
Below you'll find articles on your home in Chapter 13 bankruptcy. To learn how Chapter 13 can help with foreclosure, visit Nolo's Bankruptcy & Foreclosure section.
Your Home in Chapter 13 Bankruptcy
Chapter 13 bankruptcy provides opportunities for homeowners to delay or prevent foreclosure and pay off back debt on their mortgages.
Keep Your House With Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a great tool for avoiding foreclosure.
Can I Stop Paying My Mortgage While I'm in Chapter 13 Bankruptcy?
If you want to keep your home, you must continue to pay your mortgage while in Chapter 13 bankruptcy.
Can I Modify My Mortgage in a Chapter 13 Bankruptcy?
Learn how to modify your mortgage loan during your Chapter 13 case.
Can I Surrender My House in Chapter 13 Bankruptcy?
Learn how to give up your house while you're in a Chapter 13 case while still enjoying the benefits of wiping out other debts.
Getting Rid of Second Mortgages in Chapter 13 Bankruptcy
"Lien stripping" in Chapter 13 bankruptcy allows certain homeowners to get rid of a second mortgage or home equity line of credit. Learn how it works.
What Is Lien Stripping in Chapter 13 Bankruptcy?
Lien stripping in Chapter 13 bankruptcy refers to the process of eliminating your junior liens (such as second or third mortgages) from your real estate.
HOA Dues in Chapter 13 Bankruptcy
Here's how homeowners association fees are treated in Chapter 13 bankruptcy.
The Homestead Exemption in Bankruptcy
Learn how much home equity you can protect using the homestead exemption in bankruptcy and other requirements you must meet to keep a home in bankruptcy. All bankruptcy filers can keep a house if the homestead exemption protects all home equity. The Chapter 7 bankruptcy trustee will sell the home if the homestead exemption doesn't fully protect the home's equity. Chapter 13 filers can keep a home that isn't fully covered by the homestead exemption if they can afford to pay creditors the uncovered amount through the bankruptcy plan.
How to Value Your Home in Bankruptcy
Keeping your new house in a Chapter 7 bankruptcy can depend on the accuracy of a Chapter 7 home appraisal. Learn about methods for valuing your home in bankruptcy and the role of bankruptcy appraisals.
Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
This comprehensive guide explains the Chapter 13 process, from start to finish.
The Foreclosure Survival Guide
If you are having trouble making your mortgage payments or are already in foreclosure, this guide will give you all the practical information you need.
How to File for Chapter 7 Bankruptcy
The reliable, up-to-date information in this best-selling book will help you successfully complete your bankruptcy claim without breaking the bank.