Can You Remain in Your Home In the event of declaring bankruptcy?
Are you able to keep your property even if you declare bankruptcy?
In bankruptcy, secured debts may be protected
If you are a homeowner with a mortgage, car loan or other kind of secured debt it is possible to wonder whether you could keep the property if you file for bankruptcy. While the majority of the time, yes but there are some exceptions to this rule. It is important to speak with an attorney about your particular situation and the consequences of filing.
The most important thing to remember about secured loans is that it is an asset that has a lien on the debt. There is a possibility for a creditor repossess your collateral if you fail to make your payments however they cannot pursue you if you are in filed for bankruptcy. If you're paying the debt, you will be able to keep your home, but you will not be in a position to use it to repay the secured debt. If you file the case of a Chapter 13 bankruptcy, you will need to reaffirm your debt in order to keep your home.
If you are behind in your car or mortgage payment, you'll have to reaffirm the debt in your bankruptcy. This will let you solve your financial issues and get on track in your repayments. However, it can permit the creditor to take possession of the property, which can cause you to lose the value of your property.
Secured creditors are based on a security agreement that includes a deed of trust, a mortgage or a judgment lien. If you fail to pay your debts, they can acquire possession of your property and demand attorney's fees and interest. It is imperative to pay back the debt after it is repossessed.
Saving your collateral could save thousands of dollars. You should keep the insurance that you paid to secure the purchase and keep making payments. Negotiate the terms of a new contract, or sell your collateral. Negotiations are possible and can lead to your creditor cutting or prolonging the period you pay them, or negotiating different conditions.
Selling your home is another option to avoid foreclosure. If you are behind on your mortgage payments, certain states permit creditors to seize the equity in your home. Selling your home could be an option to repay your debt if you are facing an emergency or you need the money.
Another option is to reaffirm the debt in a Chapter 7 bankruptcy. A majority of debts are wiped out in a bankruptcy, but certain liens associated with some secured debts will not. These liens will remain on your credit report and will impact your credit score. After filing bankruptcy, it's essential to check your credit reports.
Certain debts are able to be paid off but will still remain on your credit reports. There is also a statute of limitations that needs time to remove the debt from your credit history. People often think they are aware of the rules and regulations and later discover that what they assumed to be true was nothing but. Rules can change, and at times, they're not easily understood. Be sure to research the rules before you declare bankruptcy. While nobody wants to go through this but you must be prepared for the event that you have to.
It can be difficult to understand the bankruptcy process. One important piece of information to remember is that an automatic stay is legal safeguard to prevent the creditor from taking any further actions against you. The debtor can stop collection activities, but you may refuse to accept the offer. If the debtor is not satisfied, they might be able to petition the court for the lifting of the stay. Look at websites such as https://www.ljacobsonlaw.com/pa/harrisburg-bankruptcy-attorney/ for more information on bankruptcy and seek professional advice to answer your questions.
There's a lot bankruptcy fraud that goes around. Sometimes people are manipulated into thinking they're getting help by a bankruptcy lawyer, however, they are with a bigger financial mess than they realized. Make sure you read any fine print and really understand the implications of what you're making a decision to sign before signing any legal document.