Posts Tagged ‘prevent foreclosure with bankruptcy’

How Filing Chapter 13 Bankruptcy Can Save Your Home

Although it is not an attractive option to think about, filing for Chapter 13 bankruptcy can actually help you save your home and avoid foreclosure. Unlike filing Chapter 7 bankruptcy, with Chapter 13, you can set up a repayment plan that will allow you to pay missed mortgage payments over a long period of time such as three to five years. As soon as you file for bankruptcy protection, the lender has to stop the foreclosure process immediately until the bankruptcy case is heard in court. When the case is heard, you will work out a repayment plan that is acceptable for to the lender and you. Therefore, the lender will stop the foreclosure effort and you can keep staying in your home.

Avoid paying unsecured debts

The repayment plan will outline what you have to pay and when. If you have unsecured debts, you may end up paying very little towards them or pay nothing at all. That means, you will have money left to pay your missed mortgage payments.

Contest the foreclosure

Sometimes, you can contest the legality of the foreclosure on your home in the bankruptcy court. You can also contest any claims for costs and fees that are added to missed mortgage payments. A lot of the time, these costs are significantly reduced or eliminated when contested.

Get rid of other liens on your home

If you have a second mortgage lien or third mortgage liens on your home, you can usually get rid of them by filing bankruptcy. Most liens that are wholly unsecured can usually be dismissed.

Bear in mind, though, that filing for bankruptcy protection has lots of consequences so you should think carefully about your situation to make sure that it is what you want to do and what you need to do. If you need help or advice from a lawyer, you can use the service below to find one. The service is free and confidential.

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How to File for Chapter 7 Bankruptcy

How to File for Chapter 7 Bankruptcy

Sometimes, the foreclosure situation is so bad that the homeowner think that it is much better to file for bankruptcy protection and get a new start. There are many factors you need to consider if you are thinking of filing bankruptcy. Not only you need to think about your credit and what you would do after bankruptcy, you also need to consider the different types of bankruptcy you want to file and seek protection under. Many people do not qualify for Chapter 7 bankruptcy and they end up having to file for Chapter 13 bankruptcy instead. This book called How to File for Chapter 7 Bankruptcy will give you all the information you need about how to file for Chapter 7 bankruptcy protection.

In these times of massive credit card debt and stagnating incomes, filing for bankruptcy has become the only relief for thousands of people. The information in How to File for Bankruptcy is so complete that a person can file virtually on his own, without needing to hire a lawyer. By no means does the book encourage filing for bankruptcy, but it will help anyone in serious financial trouble determine if bankruptcy might be a sensible course to take, and examines what kind is appropriate for different individuals. All of the necessary forms are included, complete with explicit directions. Like all Nolo Press titles, this is a straightforward, no-nonsense book of useful advice and specific guidance, written in clear, easy-to-understand language.

From Library Journal

This book focuses almost exclusively on personal or so-called "straight" bankruptcy under Chapter 7 of the Bankruptcy Code, and excludes detailed consideration of Chapter 13 repayment plans. The authors, all lawyers associated with Nolo Press, provide step-by-step information necessary to determine whether or not, and how, to file. Included are worksheets, examples, and illustrative filled-in forms.

Although not stated, this volume is apparently intended by Nolo to replace Janice Kosel's perennial Bankruptcy:

  • Do It Yourself , which has a California emphasis;
  • however, it will complement her Chapter 13:
  • Federal Plan to Repay Debts (Nolo Pr., 1987. 3d ed.).
The present work is more up-to-date than Benji Anosike's How To Declare Your Personal Bankruptcy Without a Lawyer (Do-It-Yourself Pubs., 1983), and although less comprehensive than the excellent Consumer Bankruptcy Law and Practice (National Consumer Law Ctr., 1988 . 3d ed.), which is intended for lawyers but useful for laypersons, this is a best buy to support a commonly asked legal reference question. Recommended for public and academic libraries.

- Merlin Whiteman, Indiana Univ. Sch. of Law, Indianapolis
Copyright 1990 Reed Business Information, Inc.

Buy How to File for Chapter 7 Bankruptcy

The New Bankruptcy: Will It Work for You?

The New Bankruptcy: Will It Work for You?

When people are in foreclosure and they do not have any other choices, they often think about filing for bankruptcy protection. But the bankruptcy laws have changed quite a bit recently and the new bankruptcy laws make it harder for people to seek protection. Find out if you can file for bankruptcy protection and if it will help you save your home from foreclosure in this The New Bankruptcy: Will It Work for You? book.

"Authoritative, comprehensive and packed with helpful advice and useful information, including state-specific details." (Eric Tyson, best-selling author of Personal Finance for Dummies and Mind Over Money )

"With last year's change in the bankruptcy laws creating unprecedented confusion in the field, it's important to know whether it remains a viable option, and this book will offer both explanations and reassurances..." (Accounting Today )

Description

Considering bankruptcy? Get the facts and find out how bankruptcy could work for you.

Bankruptcy laws have changed, and figuring out how to use them effectively is harder than ever. For plain-English guidance you can trust, turn to The New Bankruptcy.

Get the clear-cut answers, information and strategies you need to figure out whether bankruptcy is the right solution for your debt problems.

Find out:

  • if you qualify for Chapter 7 bankruptcy
  • how Chapter 13 repayment plans work
  • which debts are wiped out
  • how bankruptcy affects homeowners
  • if you can keep cars and other property
  • how bankruptcy affects credit
  • alternative ways to handle debt problems

The 3nd edition is completely updated to reflect the latest rulings on the new bankruptcy laws, additional information on foreclosures and an all-new appendix containing essential sample forms. It also provides worksheets to help you determine whether you can file for bankruptcy, and includes fully up-to-date exemption charts, helpful checklists and easy-to-use legal charts for all 50 states.

Buy The New Bankruptcy: Will It Work for You?

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