Some people, when faced with the choice between foreclosure and bankruptcy, are not sure which is the right one to choose. Few people realize how difficult the choice is to make, or recognize that the decision is not an either/or one.

The only way to stop this is to pay the mortgage lender. Most people realize how important it is to make your car payments on time every month, if you do not want to have your car repossessed. Similarly, an individual may lose their home through foreclosure if they do not keep up with the monthly payments on their mortgage.

If a person’s debt is so bad that they cannot pay their debts, then they sometimes must file bankruptcy. This action stops all civil proceedings against the debtor while the debtor is in bankruptcy. As a result, the mortgage lender is incapable of immediately continuing their foreclosure, or any other legal action.

Once they are granted such relief, they will continue with their legal actions against the home buyer. In other words, no, bankruptcy will not stop foreclosure – the only way to do this is to make payments to your lender. The only thing that bankruptcy can do is slow down the inevitable process.

While bankruptcy does not stop foreclosure, it can give a person time to pay a mortgage lender or make it easier for a person to pay a mortgage lender. Bankruptcy makes a mortgage lender pause in their foreclosure efforts, and a debtor has a little extra time to raise the money. Since the act of filing bankruptcy can get rid of many unsecured debts completely, a person who is in debt may find themselves with more money that they can pay their mortgage payments with. In terms of a chapter 13 bankruptcy, the courts will dictate that the payment of the overdue mortgage needs to be paid through several payments, which will further give the debtor time to pay the lender off.

Of course, there is a good chance that a debtor might not actually be able to file for bankruptcy, as eligibility is an issue, and even if they do qualify, there are legal fees that need to be paid. For some, they may find that the exorbitant fees they are asked to pay are even higher than the payments they were behind on. Anyone considering bankruptcy to prevent foreclosure should discuss it with a lawyer. Bankruptcy is a complicated legal process that should not be handled by yourself alone. The scope of this article is to give you basic information, and if you are wanting more detailed information, you need to speak to a lawyer who is actually licensed in your home region.

Bankruptcy is an official, legal declaration of a debtor’s inability to pay off large amounts of debt. There are two kinds of bankruptcy available to debtors in the United States – Chapter 7 and Chapter 13 bankruptcy.

Chapter 7 bankruptcy is the most common kind of bankruptcy in the United States. The best benefit of Chapter 7 bankruptcy is that all dischargeable deaths are immediately wiped out — you don’t have to wait or pay off any remaining debts (at least the ones that are legally dischargable).

In Chapter 13 bankruptcy, the debtor will have a repayment plan so that they can pay off all their debts over a period of time. Some debts may be erased immediately, but this doesn’t always happen. One major advantage of Chapter 13 bankruptcy over Chapter 7 bankruptcy is that the debtor may be allowed to hold on to some assets which would have been otherwise liquidated under Chapter 7.

Don’t think chapter 13 bankruptcy is a complete easy street. However, here are a few examples of the kinds of debts which can only be cleared under Chapter 13 bankruptcy: – Debts from a divorce or settlement agreement – Court fees – Home Owners Association, condominium, or coop fees -Retirement plan loans – Non dischargeable tax debts – Debts from a previous bankruptcy.

Not all of your debts will be erased under either Chapter 13 or Chapter 7 bankruptcy. The following debts cannot be discharged under any kind of bankruptcy: – Alimony, child support, and other domestic support obligations – Student loans, except in extreme cases of “undue hardship” – Criminal penalties, and any debts you incurred as a result of committing fraud or other illegal or “malicious” acts.

Income tax debts can be discharged, but only under certain circumstances. The restrictions include, but are not limited to, that you filed a tax return for the year you owed the taxes, and the tax debt must be from a tax return filed at least two years before your bankruptcy filing.

Bankruptcy filings require that the debtor report all creditors and their addresses; debts which are not listed cannot be discharged. If the creditor has moved without providing a forwarding address, or the notice is lost in the mail or notice cannot be sent for any reason out of the debtor’s control, the debt will be wiped away as long as it is legally dischargeable. However, debts which cannot be assessed for reasons which are under the debtor’s control (e.g. the debt is not listed or the address given is incorrect) may not be discharged.

Filing bankruptcy doesn’t mean that your financial life is over. You may still have liens on your house, but at least now no one will be able to garnish your wages or access your bank account. Do expect to have difficulty getting loans. Cash is going to be your best friend for the next few years.

While filing for bankruptcy can relieve one of the burdens of debt, a debtor must do his or her due diligence to make sure that all dischargeable debts are, in fact, discharged and to know which debts cannot be discharged. Though a person sometimes must file for bankruptcy because of medical bills or other forces beyond their control, remember that you control what becomes of your life after bankruptcy.

An individual in the United States of America has two options when filing bankruptcy, chapter 7 whereby the individual’s debts are basically eliminated and chapter 13 in which the individual’s debts are allowed to be paid off over five years.

Businesses can use a Chapter 11 bankruptcy during which they can reorganize their debt until it’s paid off or renegotiated in order to remain in business until their financial house is back in order.

Following the new bankruptcy laws there are now tests in place to determine whether or not an individual can qualify the chapter 7. You will need to consult with a bankruptcy attorney to find out which bankruptcy you will be able to file under.

The main part of the test for an individual will consist of an income calculation to find out whether or not the individual has a monthly income that is higher than the state average, if he or she does the individual would then have to file under chapter 13 and would not be allowed access to chapter 7.

In Chapter 7 bankruptcy, all debts, including secured and unsecured can be discharged. However, some assets owned by the individual may be confiscated and sold by the court in order to satisfy a portion of the secured debt.

Clearly out of chapter 13 and chapter 7 bankruptcies, it is chapter 7 which will provide the most financial relief.

The paying off of debt over time

If the individual cannot qualify for a chapter 7 bankruptcy, they will still be able to file for chapter 13. In doing so they will be obligated to make payments on a monthly basis to a court trustee, who will in turn send out the payments to the individuals different creditors.

Out of the two individuals types of bankruptcy, chapter 13 and chapter 7, chapter 13 will help the individual to make good all their financial obligations and at the same time hold back creditors from attempting to take collection actions against the debtor in question.

In the past, a lot of people may have started out in Chapter 13 bankruptcy and found they were unable to meet the obligations and so moved into Chapter 7.

Under the new bankruptcy laws, which went into effect in 2005, the choice between the two types of bankruptcy is determined by the courts means test.

If the person has the means, current income level, to pay off their debts, they are restricted to filing for Chapter 13 whether they like it or not.

Whether you file for chapter 7 or 13, any assets or initial payments will first go to creditors with priority access. Priority access will be granted to but not limited to, student loans, part income taxes and generally most other government obligations you may have.

As soon as all of your creditors that have qualified for priority access have had all debt paid, the paying of all your unsecured creditors will then start to take place.

It is really, really vital to remember that what ever you do, what ever bankruptcy you can file for, bankruptcy really must be your last option. Once you’ve filed bankruptcy there is no turning back and it will remain on your public records for as long as 10 years.