Article

Using Chapter 13 Bankruptcy to Stop Foreclosure

Topic: Real EstatePublished April 20, 2012

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There are many benefits of filing for chapter 13 bankruptcy. It’s a common notion that Chapter 13 bankruptcy will make a person lose their home or that they won’t have control over their finances and money. This is not the whole truth as people actually gain better control over their finances and they stop getting threatening and intimidating calls from their creditors. In the end, filing for Chapter 13 bankruptcy can actually make it easier for a person to pay back their loans and maintain their home, especially if they have a huge equity stake in the house.rnPaying back the creditors A list of creditors is put together that will include the total outstanding dues. Also the creditors would be given a specific date to reply and be included in the list for the proceedings. If they fail to do so, then they will stand to lose their outstanding arrears and payments. All arrears and missed payments would be included in the bankruptcy. The court will then setup a financial payment plan that will include the payments each month for the dues. This can include payments for credit card bills, mortgage loan, car loan etc.rnMaking the financial plan work The payments and the outstanding payment are taken automatically from the salary r the paycheck of the person. All the person needs to do is to stay within the funds that they have. This will enable them to become debt free and start a new lease of life.rnVarious benefits of filing for Chapter 13 bankruptcy The papers for Chapter 13 bankruptcy should be filed before the foreclosure proceedings have started or the papers for the sale date of the property have been filed. Chapter 13 bankruptcies are an excellent way to come clean from the problems such as lawsuit, foreclosure, wage garnishment or repossession. It’s an extremely beneficial and legal way to stop the foreclosure proceedings. All the debt gets restructured and stops any interest payment on the outstanding dues. Further there is a complete and automatic stay on the collection of the outstanding dues by the debt collection agencies. This means that debtors will stop getting any pesky calls for collecting the dues. With the reorganization of the debt, where a portion of the paycheck is automatically adjusted towards the outstanding fees, it helps the debtor to understand their fiscal responsibilities better. Therefore the personal assets of the debtor can be saved. While at the same time, they are saved from the harassment of the debt collection agencies. The monthly payments are usually done by the trustee appointed by the bank for a period of 3 -5 years. It’s the responsibility of the trustee to give the money owed to all the creditors.

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About the Author

Julie Thompson, has been working on ForeclosureRepos.com studying the foreclosures market, helping buyers on the finer points of San Francisco foreclosure homes.

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