Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

On April 21, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

When a person files a chapter 7 bankruptcy case, their non-exempt property (if any exists) is liquidated to pay as much money back to his/her creditors as possible. So, in a chapter 7 case the debtor could lose all or most of his/her non-exempt property.

A person filing a chapter 13 bankruptcy case usually retains his or her non-exempt property. However,  he/she is required to pay the value of the non-exempt property to his/her creditors. The determined amount is usually paid by the debtor, through the chapter 13 plan, over 3-5 years.

Don’t be alarmed, many people contemplating bankruptcy have very little or no non-exempt property. However, you should consult with a knowledgeable bankruptcy lawyer if you are thinking about filing for bankruptcy.

Long Island Bankruptcy Attorneys

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 is here to assist you.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

Filing Bankruptcy To Save Your Home From Foreclosure

On April 19, 2010, in Bankruptcy, Foreclosure, by Robbie L. Vaughn, Esq.

Filing Bankruptcy to Save Your Home:  CHAPTER 7 Bankruptcy

Will filing a chapter 7 bankruptcy save my home from foreclosure?

Probably not.

If you are facing foreclosure you have likely missed a few mortgage payments. Chapter 7 does not allow you to make up your missed payments over time.

However, the “automatic stay” may delay the foreclosure long enough for a homeowner to complete a sale or loan modification.

Automatic stay – An injunction that goes into effect automatically, with some exceptions, when a debtor files for bankruptcy. It, in most cases, automatically stops most lawsuits, foreclosures, garnishments, and collection activities against the debtor.

Generally, Chapter 7 bankruptcy is a better option for homeowners who are current on their mortgage, or at least not in foreclosure, but may be struggling due to other “dischargeable debt”.

Dischargeable debt- Debt that can be eliminated by filing bankruptcy (credit card debt, medical bills, etc.).

Filing Bankruptcy to Save Your Home:  CHAPTER 13 Bankruptcy

Will filing a chapter 13 bankruptcy save my home from foreclosure?

Probably.

Chapter 13 Bankruptcy DOES allow you to make up your missed mortgage payments over time (3-5 years). This is done via a monthly payment plan. A portion of your arrearage is paid along with your current monthly mortgage payment as part of your chapter 13 plan.

Also, like a chapter 7, the “automatic stay” may delay the foreclosure long enough for a homeowner to complete a sale or loan modification.

Additionally, you may also be able to “strip-off” a totally unsecured 2nd/3rd mortgage on your primary residence. This would allow the 2nd/3rd mortgage to be treated as any other unsecured creditor. Thus, it would be dischargeable upon the completion of the Chapter 13 plan.

As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here for you should you need us.  Contact us at (516) 858-2620 to speak with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

Please visit our Foreclosure category to learn more about foreclosure issues.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan