Consequences & Benefits of a Homeowner Declaring Bankruptcy

Facing growing debt as a homeowner, you might reach a juncture at. Before you take this step, reviewing the consequences of advantages and bankruptcy to you is vital. As consumer and a homeowner, you have two choices. A Chapter 7 bankruptcy lets you obtain a discharge of your debts. Through a court, you pay off debts Throughout a Chapter 13 bankruptcy.

Automatic Stay Order

The first consequence of declaring bankruptcy as a homeowner is the issuance of an automatic stay order by the court, as stated by the U.S. Bankruptcy Code. An automatic stay arrangement requires creditors to cease any collection activity against you. By way of example, if you are late in making payments on your house mortgage, the lender can’t continue collection actions against you, including filing for bankruptcy, without permission from the bankruptcy court.

Kinds of Benefits

A benefit is the ability. A reaffirmation agreement permits your house to be kept by you, provided you make mortgage payments. A benefit associated with a Chapter 13 bankruptcy is for example your home mortgage on your court-monitored repayment plan, based on Cornell University Law School. In a Chapter 13 case, you can maintain your house.


Assessing the advantages requires choosing the proper kind of case. If you lack the essential income to meet obligations even with bankruptcy protection, Chapter 7 is the perfect choice, based on”The Glannon Guide to Bankruptcy,” by Nathalie Martin. By means of and obtain a release from most, if not all, of your other debt obligations. Chapter 13 permits you pay off most, if not all, of your debts and to keep your house if you are in a stronger position.


There is A persistent misconception that a homeowner always loses her house in a bankruptcy case. In reality, the U.S. Bankruptcy Code allows you at least some flexibility regarding keeping or surrendering your house during either a Chapter 7 or Chapter 13 bankruptcy.

Expert Assistance

Assessing your interests requires an understanding of both bankruptcy law and procedure. Your interests may best be served by retaining the services of an experienced bankruptcy attorney. The American Bar Association, ABA, asserts resources to assist you in finding a bankruptcy lawyer in your area. There’s a link to a ABA directory in the Resources section.

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