Tag Archives: Foreclosure

If your goal is to keep your house and you are behind on your mortgage, you will likely need to file a Chapter 13 bankruptcy. A Chapter 13 bankruptcy plan will need to propose a payment that is, at a minimum, sufficient to pay off all of your pre-petition mortgage arrears in no more than 5 years. There are a number of other factors that go in to determining your total monthly plan payment (such as your total household income, the liquidation value of any non-exempt assets, your total monthly expenses, etc.). The good news, however, is that if you are able to propose a plan that meets the requirements of the bankruptcy code, as long as you make the monthly plan payments and make your post-petition mortgage payments, then you will be able to keep your house. If you are not able to make the plan payments, or if it becomes clear that you will need to file a Chapter 7 case (because you cannot propose a confirmable Chapter 13 plan) then the automatic stay will work to delay, but not prevent the eventual foreclosure on your house.

If your goal is simply to avoid a collection action after a foreclosure for the deficiency (the debt that is not eliminated by the sale of the house), then you may be best off by filing a Chapter 7 case in the first place (assuming you qualify under the means test). Chapter 7 does not have a legal element to help you to avoid the foreclosure, however, the automatic stay will allow you to delay the inevitable somewhat. In any event, Chapter 7 is relatively quick, and at the end of the case you will most likely have discharged your credit card debt and your personal obligations under the mortgage.

Before you decide which Chapter of bankruptcy is best for you and your particular goals, you should consult with a qualified bankruptcy attorney. To schedule a no-obligation, no-cost consultation, call the Law Office of James Wingfield at 508-797-0200 or visit the contact page on our website today.