Law & Legal & Attorney Bankruptcy & consumer credit

Can You File Bankruptcy After a Foreclosure?

    Function

    • Filing for bankruptcy brings your foreclosure case to a halt (pending further order of the bankruptcy court).

    Types

    • A Chapter 7 bankruptcy discharges your debt. A Chapter 13 bankruptcy allows you the ability to pay off your debt through the bankruptcy court over a period of two to five years.

    Time Frame

    • Your interests are best protected by filing for bankruptcy shortly after a foreclosure case is filed against you and your property.

    Significance

    • Through a bankruptcy, you have the ability to enter into a reaffirmation with your home mortgage lender. The reaffirmation agreement permits you to keep your home and pay off your mortgage pursuant to a new loan agreement.

    Warning

    • Because of the legal complexities of foreclosure and bankruptcy, consider hiring an attorney to represent you in these matters.

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