In the face of global recession people are frequently losing their jobs and facing a severe economic crisis. They generally fail to pay their outstanding dues on time and fall behind mortgage debts, medical bills and so on. At times you have no options left in hand other than filing bankruptcy. You might get goose bumps when you think that in the process of discharging your debts you may also lose your house.
This article can share how you can discharge your debts by delaying or saving your home from foreclosure after filing bankruptcy.
In order to save your house from foreclosure, ensure that you hire a bankruptcy attorney. If you are going through financial doldrums and can't pay your mortgage lenders then try to negotiate with him to make an affordable payment plan for you. In case the mortgage lenders offer no way out then you might not have any other alternative than filing under chapter 7 bankruptcy laws.
You can also prevent foreclosure on your house by filing bankruptcy under chapter 13 as it is included under "automatic stay". But you need to be aware that there are certain loopholes in this chapter that goes as follows:
1. Ideally the lender can file a petition for revoking the stay order if you delay to file Chapter 13 bankruptcy and hire an attorney.
2. And if the petition is granted then the automatic stay would be considered to be invalid.
3. The lender can appeal directly to the court to withdraw the stay order during the Chapter 13 bankruptcy.
But if you have a dexterous bankruptcy attorney then you have an opportunity to save your house.
How Chapter 7 bankruptcy is different from Chapter 13 bankruptcy?
There is a great difference between chapter 7 bankruptcy and chapter 13 bankruptcy. If you file under Chapter 13 bankruptcy it gives a chance to retain your assets till you stay current on bills and the debt repayment plan.
You need to pay back the creditors as chapter 7 is liquidation bankruptcy. You assets would be sold off in order to repay the creditors, in this way you can discharge your debts. You can delay the foreclosure proceedings under chapter 13 bankruptcy as it makes the payment plan affordable and gives you time to pay back.
An Attorney should be hired:
If you are planning to file under Chapter 13 bankruptcy in order to save your house from foreclosure, you should consult an efficient bankruptcy attorney. He can give proper guidance in this process that would help to prevent foreclosure. While hiring one ensure that the lawyer is affordable, an expert in this field, and not excessively loaded with clients.
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