Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
Tax Liens & Mortgage Notes
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago on . Most recent reply

User Stats

87
Posts
14
Votes
Brian Kempler
14
Votes |
87
Posts

Few questions about NPN going into BK

Brian Kempler
Posted

If anyone is familiar with the bankruptcy scenario, a few questions:

1. Is it true that Chapter 13 (reorganization of debts) is more common than Chaper 7 (extinguishment of debts) nowadays?

I see Ch. 13 = a payment plan will be attempted. If that fails, then foreclosure follows. For Ch. 7 I see foreclosure as the exit.

2. BK proceedings slow down the payment plan or the sale, lowering expected return due to the cost of holding and maybe additional repairs. Do you guys price a BK filing as your most conservative estimate, on NPN deals that have fair amounts of equity (and thus an incentive for borrower to try to keep the home)? Seems like that would be the scenario to try to price the purchase around.

I think a Ch. 13 filing may actually be worse by allowing two points for default before a foreclosure sale, but please correct me if that is wrong.

Thanks for any info!

Loading replies...