Should You File For Bankruptcy To Stop Foreclosure?

written by: Ginger Taylor

If you are facing foreclosure, your biggest concern right now is how to save your home. Nothing else really matters. You are facing an uphill battle, but it is not impossible to stop foreclosure. Filing for chapter thirteen bankruptcy is last resort way to keep from losing your home.

As soon as you file, the foreclosure must be stayed and the bank cannot pursue any further collection action until your Denver bankruptcy is dealt with. This allows you to come up with a plan to save your home by offering a modified schedule for paying your debts. The plan does not have to cover all of your unsecured debts, but it does have to get the approval of a bankruptcy judge before it can go into effect.

Before you file for bankruptcy, you will be required to attend a credit counseling session. This can help you determine whether you really need to file for bankruptcy or if your debts can be repaid in some other way. If the credit counseling agency prepares a debt repayment plan for you, it must be submitted to the court along with your bankruptcy filing. You may also want to consult a Denver bankruptcy lawyer on how to handle your bankruptcy. Filing bankruptcy can be tricky and if you file incorrectly, you will have to live with that decision the rest of your life instead of putting your bankruptcy behind you and moving on.

Within fourteen days after you file for chapter thirteen, you must file your repayment plan. This is usually done at the same time as the original filing, but it can be done later if you are not quite ready yet, as long as it is on file with the court within fourteen days.

You will be required to attend a creditor's meeting, and all of the companies and people you owe money will have a chance to ask you questions. The purpose of this meeting is to give your creditors a chance to object if they do not feel you will be paying as much as you possibly could under the proposed plan.

After the meeting has been conducted, the bankruptcy judge can take up to 45 days to approve or deny your proposal. In any case, you are required to start making the payments proposed under the plan within 30 days, so that means you may have to start paying on the plan before you know whether it will be accepted.

The downside to using bankruptcy to avoid foreclosure is that sometimes it only postpones it, and then you end up with both a foreclosure and a bankruptcy on your credit. It is often difficult to stick to the repayment plan, and if you fail, you can still lose your home. But before you file chapter thirteen bankruptcy explore all possible options, talk to an experienced Denver bankruptcy attorney first.

Debt Relief without Filing Bankruptcy

If you are greatly pressured by an overwhelming debt, which beyond your financial capability to resolve it, does it mean bankruptcy filing is the only option for you to get a debt relief?

Most often, debt counselors will not advise debtors to file a bankruptcy unless there is no way out of debt. The survey results found that 90% of debtors who go for this option do have other options, they just either don't know or they don't really explore for available debt relief solutions before deciding to go for a bankruptcy filing. If you are one more step toward a bankruptcy filing, hold-on for a moment because you might be able to get rid of debt with a better option. Don't ever choose to go for bankruptcy filing before you explore the available options.

If you are about to file a bankruptcy, it is no harm to explore more options since there is no other option as bad as this debt solution. The very first step you might need to take is to approach a credit counseling service. Most of credit counseling services are free of charge in term of providing counseling services. When you approach a credit counseling agency, a counselor will be assigned to understand your financial situation and your debt problem before they propose a solution that best fit your condition. Most probably you will be proposed with a debt management plan that may involve a monthly fee if your financial condition can fit into a debt management program. This means you have a solution that is better than filing a bankruptcy.

Other than credit counseling service, you may also approach a debt negotiation company to help you negotiate for a settlement. But, this option may require a lump-sum of money to be paid for the agreed settlement amount. So, you are able to prepare the money for settlement. Be aware that the fee you need to pay for the service of negotiation might be rather high, so make sure you get the negotiator to reduce your debt as low as possible. Some companies may help you to cut off 40% to 60% of your debt if you are able to pay a lump-sum of money to your creditors and get your debt erased. Therefore, debt negotiation for settlement should be a better option if you can afford to pay the negotiation fee and the settlement amount.

You will be a better situation to get your debt problem resolved if you have asset that can be pledged for a secure loan. Although paying off your debt with a loan does not mean you are free from debt, you will be able to relax the overwhelming and high pressure condition to a more comfortable level. For example, if you own a house, then you can apply for a consolidation loan or refinancing it to cash out the money and pay off your debt. Be aware that by securing a loan with an asset, you are putting your asset at risk because it will be foreclosed if you default the loan payments. Therefore, you need to make sure you pay the loan on-time during the repayment period. If you have asset that can be used to secure a loan, you can always get rid of debt without bankruptcy, what you need to do is to make sure you pay the loan on-tine so that you won't get yourself into bad debt again.

Summary

There are always other options other than bankruptcy filing to resolve a debt problem. You should always explore the available options to get rid of debt and avoid filing a bankruptcy with the best effort.

Visit Henry Davidson at http://www.debtconsolidation.theinfoplus.com for more information and resources on how to manage your money properly. If you are in debt, then visit the site to find out how to be debt free without bankruptcy filing.

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