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May 2019 Archives

NEW DEBT LIMITS FOR CHAPTER 13 BECAME EFFECTIVE APRIL 1, 2019

Screen Shot 2019-05-14 at 12.55.58 PM.pngIndividuals have several options when filing bankruptcy.  Chapter 13 is often preferred for individuals with regular income who wish to keep their homes that have equity and other secured assets.  In a Chapter 13 filing, the court will approve the debtor's three to five-year payment plan, which generally provides for curing any pre-petition delinquency, maintaining payments on secured debt, and a payment to unsecured creditors based on the debtor's disposable income.  The debtor will receive a discharge at the completion of the plan.

The Threat of Foreclosure

foreclosure defense 2.pngThe threat of foreclosure can be an incredibly unnerving experience. Despite your best efforts, you have been unable to keep up with your mortgage payments, which has led to the stress of phone calls, notices, and threats that you will lose your home. And to make matters worse, mortgage lenders are not forgiving and will not always show you the flexibility you need in modifying your mortgage.

Foreclosure Defense

Besides attempting to modify a loan or work with the lender to avoid foreclosure, it is also advisable to speak with an attorney about answering the lawsuit and raising a foreclosure defense. You are entitled to due process of law, and some defenses that have been successfully raised include lender fraud, the lender's lack of the original note, servicing abuse by the lender, and "truth in lending" law violations.

Unfortunately, if your debt is continuing to spiral out of control or you are facing imminent foreclosure actions--such as a sheriff's sale, then it is advisable to simultaneously understand how bankruptcy may help you when it comes to foreclosure.

Bankruptcy and Foreclosure

Chapter 7 and Chapter 13 bankruptcy both offer relief to people who are overwhelmed by debt. Often, debt struggles go hand in hand with an inability to keep up with mortgage payments. When experiencing debt problems and a risk of foreclosure, bankruptcy can help to delay or avoid foreclosure proceedings.One of the great benefits of filing for bankruptcy is the automatic stay that comes with it. This temporary injunction creates immediate relief by halting collection actions by creditors. This means that harassing calls and letters, as well as repossession efforts, and pending lawsuits must cease while the stay is in effect. Significantly, the automatic stay also immediately stops foreclosure action.

Our bankruptcy attorneys will help you escape debt and
face the future with optimism.

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