Can I Keep My House Under Chapter 13 Bankruptcy?
Facing the possibility of losing your home due to foreclosure can be overwhelming, but Chapter 13 bankruptcy may provide a way to protect your property while addressing your financial challenges. Unlike Chapter 7 bankruptcy, which often involves liquidating assets to pay off debts, Chapter 13 focuses on creating a structured repayment plan that allows you to catch up on missed payments and stay current on your mortgage.
How Chapter 13 Can Help You Save Your Home
One of the primary benefits of Chapter 13 bankruptcy is its ability to stop foreclosure proceedings. As soon as you file for Chapter 13, the court issues an automatic stay, which temporarily halts foreclosure and other collection efforts. This gives you time to work out a repayment plan, which typically lasts between three to five years.
Your repayment plan will include catching up on overdue mortgage payments while continuing to make regular payments moving forward. This structured approach can give you the breathing room needed to regain financial stability and protect your home from being taken by creditors.
Loan Modification Opportunities
Another key advantage of Chapter 13 is the opportunity to pursue a loan modification through the Court’s Loan Modification Program (LMP). This program is designed to help homeowners negotiate more favorable terms with their lenders, such as reduced interest rates, extended repayment periods, or even a lower principal balance. While loan modifications are not available in Chapter 7, they can play a crucial role in helping you stay in your home under Chapter 13.
Timing Is Critical
If you’re concerned about losing your home, it’s important to act quickly. Waiting until foreclosure proceedings are well underway can limit your options. Filing for Chapter 13 before your home is at risk can provide more time to create a viable repayment plan and explore loan modification options.
Why You Need a Bankruptcy Lawyer
Navigating the complexities of Chapter 13 bankruptcy can be challenging. From understanding the repayment plan requirements to leveraging the Court’s Loan Modification Program, having a knowledgeable bankruptcy attorney by your side is invaluable. An attorney can help you assess your financial situation, develop a strong case for repayment, and negotiate with your creditors to achieve the best possible outcome.
Take Action to Protect Your Home
If you’re facing foreclosure or struggling to keep up with mortgage payments, Chapter 13 bankruptcy may offer the relief and protection you need to save your home. Contact the Law Office of Stuart M. Nachbar in Livingston, NJ, to discuss your options and take the first steps toward financial stability. Call us today to learn more about how Chapter 13 can work for you.









