Does Bankruptcy Prevent Foreclosure?

Filing for bankruptcy is not an easy decision to make. There are various factors to consider including the potential loss of some properties. One of the most common concerns debtors may have before filing is whether bankruptcy can save their properties from foreclosure. Learn how filing for bankruptcy affects the foreclosure process and how it can save some of their important assets. 

Can Bankruptcy Prevent Foreclosure?

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has defaulted on their mortgage payments. The lender typically initiates foreclosure proceedings by filing a lawsuit against the borrower and obtaining a court order to sell the borrower’s home in order to pay off the outstanding debt. While bankruptcy can be a useful tool for helping individuals manage their debts, it may not always be able to stop a foreclosure from occurring.

There are several different types of bankruptcy that individuals can file, including Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves the liquidation of a borrower’s assets in order to pay off their debts, while Chapter 13 bankruptcy consists of the creation of a repayment plan that allows the borrower to pay off their debts over a period of three to five years.

Automatic Stay

One way that bankruptcy can help stop a foreclosure is by temporarily halting the foreclosure process through a process known as the “automatic stay.” When an individual files for bankruptcy, the automatic stay goes into effect and prevents creditors from taking any action to collect debts, which includes initiating or continuing a foreclosure. The automatic stay remains in effect until the bankruptcy case is resolved or until it is lifted by the court.

However, the automatic stay is only temporary and does not necessarily mean that the foreclosure will be permanently stopped. Suppose the borrower is unable to come to an agreement with their lender or the bankruptcy court about how to resolve their mortgage debt. In that case, the lender may be able to lift the automatic stay and continue with the foreclosure process.

Repayment Plans

In some cases, bankruptcy can also help individuals avoid foreclosure by allowing them to reorganize their debts and come up with a plan to pay off their mortgage over time. Chapter 13 bankruptcy, in particular, is designed for individuals who have a regular income and can afford to make monthly payments on their debts. By creating a repayment plan that the bankruptcy court will approve, borrowers may be able to avoid foreclosure and keep their homes.

However, bankruptcy is not a solution for everyone facing foreclosure. In order to qualify for Chapter 13 bankruptcy, individuals must have a regular income and their total debts must fall within certain limits. Additionally, bankruptcy can have significant long-term consequences, including damaging an individual’s credit score and making it more difficult to obtain credit in the future. 

If you are facing foreclosure and are considering bankruptcy as a solution, it is important to speak with a bankruptcy attorney or a qualified financial professional. They can help you understand the potential consequences of bankruptcy and determine whether it is the right option for you.

Key Takeaways

Bankruptcy can potentially stop foreclosure by temporarily halting the process through the automatic stay. Another way is by allowing individuals to reorganize their debts and come up with a plan to pay off their mortgage over time. However, bankruptcy is not always a suitable solution and may have long-term consequences. It is important to speak with a bankruptcy attorney or financial professional to determine whether bankruptcy is the right option for you.

Lincoln-Goldfinch Law is home to bankruptcy attorneys who have assisted individuals to achieve a fresh financial start. The firm offers clients various options that may give them relief from overwhelming debt. Let Lincoln-Goldfinch Law help you find the solution that can give you a new start.