Can you keep your home after filing for bankruptcy?

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Can you keep your home after filing for bankruptcy?

A homeowner who wants to file for bankruptcy should first consider the impact of this move on his property ownership. The issue is serious if you still pay mortgages. The handling of your mortgage during bankruptcy proceedings hinges on several factors. For example, it hinges on whether you file for Chapter 7 or Chapter 13 bankruptcy. A bit of discussion with your banker, financial manager, mortgage service provider or bankruptcy attorney should help clear this matter for you.

Stop making assumptions

bankruptcyIt’s wrong for you to assume that all is well. If you do, don’t be shocked to learn that you face foreclosure. Furthermore, it’s worth mentioning that going bankrupt influences your ability to retain ownership over your property.  Therefore, you have to set time aside to evaluate the whole situation. Learn what happens or is likely to happen the moment you’re declared bankrupt. For the most part, especially if you own the home you live in, the bankruptcy trustee or official receiver will prefer selling your home to settle your bankruptcy debts.

How to stop the sale

However, even if you know that the receiver will sell your home, you can still do something to make it impossible for this to happen. You’re not entirely hopeless in this situation as you think. You can prevent or delay the process. You’re eligible to stop the receiver from selling your home if you live with your family or dependents. In such situation, you will be given some time (grace period) to do something and find alternative accommodation for the family or dependents. It’s good to confirm this with your Atlanta bankruptcy attorney first.

Understand bankruptcy estate

The attorney should educate you on issues such as bankruptcy estate. The estate is something the bankruptcy court creates the moment you file for bankruptcy. In such cases, the court assumes all the rights and powers to administer your assets, which include the home. The creation of the estate applies when you file for Chapter 7 bankruptcy. However, the law dissuades a homeowner from selling a house that has no equity, so if you are in Atlanta, for instance, you should search out the best bankruptcy attorney in Lawrenceville and figure out your options. In fact, such circumstances convince the trustee to abandon your home and forget about selling it to pay off the liquidators.

How to save your home

You can save your home in bankruptcy. The moment you file for bankruptcy, the law makes it hard for creditors to form a beehive waiting to sell your property off to raise money for settling the debts you owe. Therefore, you can leave comfortably in your house without having to worry about your status or rights as an owner. The prohibition by law makes it hard for you to face foreclosure, repossession, calls and all other forms of collections. However, as your Atlanta bankruptcy attorney will tell you, the automatic stay order only lasts a few months.

Finally, you can save your home by coming up with a repayment plan for settling the mortgage arrears alone. If you file for Chapter 13 bankruptcy, it will take you several years to repay the mortgage arrears. A homeowner whose mortgage arrears total $50,000 can repay it fully in 60 monthly installments. In such instances, you don’t have the luxury of defaulting. You may need the assistance of the Atlanta bankruptcy attorney in this matter too. Therefore, call the attorney today.

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