Amid a growing tide of mortgage delinquencies and foreclosures, more and more homeowners find themselves overwhelmed by the waves of personal debt and struggling to hold their heads above water. With each passing month, the number of homeowners skinning beneath the waves is increasing, and there seems to be little relief in sight. Given that homes constitute the single largest investment the majority of Americans will ever make, these home losses represent the death of the American dream for many families.
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Fortunately, there are ways in which Chapter 13 bankruptcy can save your home. You may be asking yourself how filing for bankruptcy could possibly help you to retain any of your possessions - much less your house. Most people think of bankruptcy as the complete failure of their personal budgetary process, and one that involves losing most of your assets in exchange for obtaining relief from unserviceable debt. Though there is some truth in this, there are different forms of bankruptcy, and one - Chapter 13 - can provide you some relief from creditors while still enabling you to keep your house and even an automobile. It can save your home and here's how:
What is Chapter 13 Bankruptcy About?
One of the ways in which it can save your home involves the very nature of this type of bankruptcy proceeding. Far from a forfeiture of assets to satisfy debt, Chapter 13 bankruptcy is a specific form of filing designed to enable you to keep your major assets even as you follow a creditor repayment plan that can sometimes extend out over 5 years. These payment plans require very austere budgeting, but if you are truly interested in how this can save your home, you will certainly agree that it is better to live within a very tight budget than lose a home in which you and your family have invested a lifetime of hopes and dreams.
Automatic Stay
The key provision of the proceeding that ensures that Chapter 13 bankruptcy can save your home has to do with the protection provided by an automatic stay. This automatic stay is issued by the court when you file Chapter 13 bankruptcy, and effectively shields you from the threat of repossession and/or legal action by creditors. In short, you can save your home by preventing any further attempts at foreclosure, as long as you are faithfully adhering to your repayment plan. Failure to follow that plan can, of course, result in a resumption of any debt collection efforts previously halted by the stay.
Protection
One of the best ways in which Chapter 13 bankruptcy can save your home through the power of the automatic stay is the protection it provides you from delinquent utility bills. Since many homes have fallen into foreclosure danger over the last several years due to the rising costs of home energy, this protection is one of the most powerful, as it halts collection efforts on your past-due account while you are adhering to your repayment plan. To learn more about how Chapter 13 bankruptcy can save your home, be sure to contact a bankruptcy attorney for personalized advice.
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