Foreclosure and Bankruptcy in Phoenix

If you are facing the threat of foreclosure, you should know that filing for bankruptcy may be able to help assuage some of your concerns and even benefit your financial situation. Of course, bankruptcy should not be the first option that you turn to. Many people may be able to stop or help themselves during the pending foreclosure process by getting a loan modification or a loan forbearance, or by obtaining a deed in lieu of foreclosure, or seeking out budgeting options or credit counseling. If, however, you have tried all of these that apply and are still not seeing results or finding the help you need, then bankruptcy may be the best choice for your situation.

Many people take great relief in the fact that filing for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy can stop the foreclosure process. Not only will successfully filing keep the foreclosure from happening, but it will also cause all creditors to stop their collection activities for a pre determined period of time. However, there are sometimes exceptions to this rule, so you will need to be sure that your attorney explains these exceptions to you and that they will not result in a continuing foreclosure after bankruptcy has been filed.

You will also need to take care in deciding whether to file for Chapter 7 bankruptcy or Chapter 13 Bankruptcy. If you file for a Chapter 13 Bankruptcy, you will work to create a plan to help you pay off your debts over a pre determined amount of time. This is the easiest way to be able to keep your home indefinitely. With Chapter 13, you will be able to pay off existing debt on the home and possibly even reach agreements that will help you to pay off your mortgage. Chapter 7 Bankruptcy, however, will not allow you to keep your home in the long term. It will keep the foreclosure process from happening right away, usually stalling proceedings for approximately three months and will enable you to rid yourself of other existing debts.

Facing foreclosure is likely one of the most difficult experiences of your life. However, if you take the time to carefully research all your options, including those not related to bankruptcy, and to seek viable outside legal and financial help, the entire experience can be one that will ultimately be positive. It is best to act fast whenever possible, but this does not mean that you should rush the decision making process. For this reason, it is best to begin researching your options as soon as you fall behind on your house payments and begin to ascertain that foreclosure may be a possibility in the near future. This is particularly important if you wish to keep your home indefinitely. No matter what the outcome of the foreclosure and bankruptcy situation, you should know that it is always possible to rebuild any damage done to your credit and to find a new start for the future.

     

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