The commercials on TV about it are endless. If you file bankruptcy than you will put your life back on course and be able to save your house. But, is there truth to this assertion? You might be surprised to hear the answer.
Let us tackle Chapter 13 bankruptcies first. This is the type of bankruptcy that is filed by either a person or a business. It allows you to suggest a repayment plan to your creditors, instead of canceling out debts, as many advertisers proclaim. You will probably pay a ton less than you otherwise would have if this reimbursement plan is accepted, which makes filing this bankruptcy a significant benefit. Try proposing new mortgage terms as well for this sort of bankruptcy, because if your proposal is accepted, it just might save your home from foreclosure.
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You can also opt for a Chapter 7 bankruptcy. Only individuals can file under Chapter 7 and it offers no reimbursement plan. In a way the option allows you to cancel out existing debts. It may not be as easy as you think, although. It is true that some debts like those owed on credit cards can be eliminated, but many others cannot be. A great example of this is the lien built-in to mortgage property. Because it is thought of as collateral for the mortgage loan you’ve borrowed, it cannot be erased by just filing bankruptcy. A homestead exemption may be your way to exempt all or some of the existing mortgage on your house, and it’s available in several states. Consult with an attorney to figure out the amount, if any, your state will allow you to exempt in this way.
Chapter 7 and 13 bankruptcy options are not perfect, however. Neither the Chapter 7 nor the Chapter 13 bankruptcy you file will help you, for instance, if you start missing payments again on your home. In reality, it could put you in a worse situation than you were in before filing, because not only will you have lost your house, but your credit score will have been vastly weakened in the process.
Overall, it is imperative to think about your choices carefully before filing any kind of bankruptcy in an attempt to protect your house from foreclosure. A knowledgeable bankruptcy attorney can tell you if filing bankruptcy is an appropriate alternative and will also be able to better illustrate any other alternatives that can be available to you.
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