Commercial after commercial on television explain all about it. If you file bankruptcy than you will put your life back on course and be able to save your home. However, is there truth to this declaration? The answer might amaze you.
Let us tackle Chapter 13 bankruptcies first. This is the kind of bankruptcy that can be filed by either a person or a company. If you’ve seen advertising about how this will eliminate your debts, it’s not true, as this sort of bankruptcy actually allows you to contact your creditors and suggest a repayment plan. You’ll probably be paying a whole lot less than you otherwise would have if this reimbursement plan is approved, which makes filing this bankruptcy a significant benefit. You can propose new mortgage terms with your lender and, if approved, you might possibly be able to save your house if you file a bankruptcy in this way.
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In a few instances, filing a Chapter 7 bankruptcy is also a adaptable alternative. Chapter 7 bankruptcies are only open to individuals and offer no repayment plan. You can cancel out preexisting debts with this option. It might not be as easy as you think, although. While the majority of debts like those due on unsecured credit transactions can be erased, others cannot. You can see a ready example of this in the lien included with your property. You can’t just eliminate something that’s thought to be collateral for the mortgage loan you have borrowed by simply filing bankruptcy. In several states, there is a homestead exemption that may permit you to exempt all or some of the existing mortgage on your property. Check with an attorney to figure out the amount, if any, your state will allow you to exempt in this way.
However, neither bankruptcy alternative is one hundred percent without flaw. If you start missing new payments on your home, for example, neither the Chapter 7 nor the Chapter 13 bankruptcy you filed can help you. Your situation could actually get worse, since this will result in the loss of your home and a dramatic lowering of your credit score at the same time.
Prior to filing any kind of bankruptcy in an attempt to protect your property from foreclosure, it is imperative to consider your options carefully. A knowledgeable bankruptcy lawyer can tell you if filing bankruptcy is the correct option and will also be able to better illustrate any other alternatives that may be available to you.
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