If you going through a foreclosure, filing bankruptcy can help. In various cases, filing chapter 7 bankruptcy can delay the Foreclosure for a few months. But if you are willing to save your home, then the chapter 13 bankruptcy option should be the answer for your situation.
Fortunately, the bankruptcy process doesn’t happen overnight. Well, a lender doesn’t begin foreclosure until they have made numerous payments, most times three or four, which will give you more time to try some other alternative measures, such as Lending, short selling, or a deed instead of Foreclosure.
But, if you have tried some steps that Failed, it is going to be great to try and see if Bankruptcy will help you out of the Foreclosure, or it will only just buy you time. But here some tips for filing Bankruptcy that can help you.
Filing chapter 13 or chapter 7 bankruptcy, the court will grant an automatic issue called a repair order, and it contains something interesting that knows the automatic stay. The automatic stay gives instructions to your creditors to stop the debt payment with immediate effect.
If the Lender has put your house on a foreclosure sale and you put in for Bankruptcy, the sale will be shifted legally and the Bankruptcy will be pending for about three to four months. Well, your lender can seek from the bankruptcy court to continue with the selling the house by filing an auto-reside request. If you’re successful, you might not be able to get the full 3 or 4 months.
It might take some time before the bankruptcy application is submitted and approved. As a result, the Bankruptcy will postpone the sale date for two months or more, at least, if the Lender was slow to the completion of the auto reside application.
The bankruptcy chapter 13 allows you to repay unpaid late payments for a duration of chapter 13 scheduled payment you chose, five years in most cases. But, in addition to the payment of the arrears, there will be a need for a sufficient income, which should be able to meet up with the current payment of your mortgage. Let’s assume all the needed payment is made by the end of the payment schedule; you will avoid the Foreclosure and save your home.