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Can Bankruptcy Stop A Foreclosure?
As the bills pile up and you find yourself further in debt, you may find yourself facing foreclosure. Foreclosure begins after a homeowner falls behind on mortgage payments and, like other debts, filing for bankruptcy can delay the foreclosure.
Chapter 7 Bankruptcy and Foreclosure
As with every Chapter 7 bankruptcy
, your creditors will receive an automatic stay for your payments. This means that creditors must cease collection activities but this does not include a mortgage lender. Chapter 7 bankruptcy cannot stop a foreclose but it can allow you to get caught up on your mortgage payments.
Chapter 13 Bankruptcy and Foreclosure
If you file for Chapter 13 bankruptcy
, you may be able to avoid foreclosure altogether. You are able to sit down with your mortgage lender and figure out a payment plan. This could mean lower payments, less frequent payments, or another solution. That said, you must stick to the new payment plan.
While both forms of bankruptcy may allow you to catch up on your mortgage, Chapter 13 is the more viable way to avoid foreclosure. Do not file for any bankruptcy until you speak with a lawyer. Call The McMaster Law Firm
at 864-232-1550
for reliable bankruptcy advice in Greenville.
A new case has been posted to the South Carolina Bankruptcy Court’s Judicial Opinions webpage. Learn more about the “10 Most Recently Posted” opinions...
Having financial constraints and being unable to pay your bills and keep up with your expenses can feel like an impossible situation. If you are in such a position, bankruptcy is an option that you may consider.
Since 1996, Gina McMaster has been helping people like you file for Chapter 7 and Chapter 13 bankruptcy relief.
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