If you have gotten behind on your mortgage and about to lose your house, perhaps a Chapter 13 bankruptcy would be to help you avoid foreclosure. It saved my house after my business income dropped dramatically during 2020 . If you lost your income or were unemployed in 2020 and and were not able to make your mortgage payments but can now afford the payments, consider a Chapter 13.
When I first went to a bankruptcy attorney, I felt shame. I walked into the office and the attorney and staff were so kind and encouraging. There was no judgement and I really felt like I had someone on my side. There are many who have had to go this route due to the pandemic. Don’t be ashamed, you’ll be back on your feet in no time.
WHAT CHAPTER 13 BANKRUPTCY CAN DO
- Stop foreclosure in it’s tracks
- Stop all collections from any creditors
- Stop IRS and State tax agencies from foreclosing on your property for past owed taxes
- Help you catch up with all payments and start fresh
HOW CHAPTER 13 AFFECTS YOUR CREDIT
If you are at the point of considering a Chapter 13 bankruptcy, there has already been a big ding on your credit report due to missed mortgage payments. That being said, about a year following filing for bankruptcy, you should begin working on repairing your credit score. You might be surprised to find at the year mark, your credit score is already back up 80 points.
CONS OF A CHAPTER 13
- Tanks your credit score temporarily.
- Equity in your home might be a factor. If you have considerable equity in your property, you might be forced to sell it. You should speak with a local attorney to inquire about your home’s equity.
- Spread out over 3-5 years of payments (this could actually be a pro or a con depending on how much you owe)
You may have liens on your house from your mortgage company, the IRS or other liens from creditors. In this bankruptcy, the liens will be paid off through the plan that a court trustee will need to approve.
While bankruptcy is a federal law, there may be other state laws that can affect you and it’s best to reach out to a bankruptcy attorney near you to see if your state has other stipulations. You’ll need to weigh the pros and the cons to see if a Chapter 13 is right for you.
I am thrilled that I am able to stay in my home and working to get rid of my debt. I’ve rebuilt my business and have more clients than I did pre-pandemic so hopefully I’ll be able to pay this Chapter 13 off long before 5 years.
I am now in the process of filing for a repayment plan to get my mortgage payments down lower. This process has given me time to work with my mortgage lender. You may want to contact your lender to see what options are available.
The pandemic might have wrecked my credit temporarily but not for long. I’ll be able to sell my house within two years and sell it for a profit and move into a smaller home. If I still owe anything on the Chapter 13 plan, it can come out of my home equity at that time. I can’t tell you how much relief from stress this has taken off me, it’s immeasurable. Maybe it can help you too if you are past due on your monthly mortgage payments or in the midst of foreclosure. If you act quickly you might be able to save your house.