How to Save Your Home from Foreclosure: Loan Modification vs. Chapter 13 Bankruptcy Posted on August 8, 2016 at 12:00pm by The Sader Law Firm If you have fallen behind on your mortgage and are facing the prospect of foreclosure, this blog can help you decide on strategies to save your home.
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Assume that a year after the case is filed, the mortgage modification is approved. By then, the lender has been paid $1,000 through payments to the Chapter 13 trustee. The loan modification includes the $4,000 that remains owing on the arrears claim.
Recently, a bankruptcy judge in the United States Bankruptcy Court for the Eastern District of North Carolina issued a ruling that makes it more difficult for lenders to modify loans when a former guarantor has been discharged of the same obligation in bankruptcy but agrees, post-discharge, to again guaranty the obligation.
Debtors can arrange to make up delinquent payments over time, but under chapter 13 rules, all new mortgage payments from the time of filing must be made on time. The debtor also must work with a mediator, or trustee, who distributes payments to the creditors.
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I have the honor to submit to the Congress the amendments to the Federal Rules of Bankruptcy Procedure that have been adopted by the Supreme Court of the United States. 3015, 4003, 5009, 7001, and 9009, and new rule 3015.1. [See infra pp. consider confirmation of a chapter 13 plan.
Reaffirming Your Mortgage Federal law limits Chapter 13 bankruptcy to no more than five years. Depending on the amount of debt you carry and your income, it may not be possible for you to pay off.
In the Chapter 13 loan modification program, your bankruptcy attorney takes a complete look at your financial picture. If you were denied because you didn’t have enough income or because of excessive debt, you may be able to reorganize your debts in a Chapter 13 and lower your car payments, get rid of that second or third mortgage, and eliminate your credit card debt.
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