If you’re behind and want to keep your home, the better option is to file a Chapter 13 case. Unlike a Chapter 7 bankruptcy, it has a provision that allows you to catch up on mortgage arrearages over the course of a three- to five-year repayment plan.

Can you keep nonexempt property in Chapter 7?

Here are ways you can keep your nonexempt property. In Chapter 7, the Chapter 7 trustee cannot take any exempt property. However, if you have nonexempt property, the trustee can sell it and use the proceeds to repay your unsecured creditors.

What happens when you file for Chapter 7 mortgage?

Chapter 7 Wipes Out Mortgage Debt, Not Mortgage Liens. A mortgage loan is a secured debt. When you entered the loan contract, the lender created a lien on the property by taking the home as collateral to secure payment of the loan. If you don’t pay your mortgage, the lender can enforce its lien by foreclosing on the house.

Is it better to file Chapter 7 or Chapter 13 bankruptcy?

How Chapter 13 bankruptcy can help. If you’re behind and want to keep your home, the better option is to file a Chapter 13 case. Unlike a Chapter 7 bankruptcy, it has a provision that allows you to catch up on mortgage arrearages over the course of a three- to five-year repayment plan.

Whether Chapter 7 bankruptcy makes sense when you own a home depends on your goals—do you want to save your house, delay foreclosure, or just walk away with less debt? Most Chapter 7 bankruptcy filers can keep a home if they’re current on their mortgage payments and they don’t have much equity.

What kind of bankruptcy can I get to buy a house?

Since the debt relief provided by bankruptcy can speed up the rebuilding of your credit, bankruptcy can quicken your ability to be able to buy a house. How bankruptcy will affect you depends on your particular circumstances. Often, a Chapter 7 bankruptcy will be your best choice. In some cases, a Chapter 13 bankruptcy will be better.

Can a mortgage be included in a chapter 13 bankruptcy?

Some people use chapter 13 bankruptcy as an instrument to actually save their homes from foreclosure. In those cases, typically the mortgage debt that is included in the bankruptcy is any arrearage (past due payments). So the bankruptcy in this case, would act as a tool to help you keep the house while getting caught up on what you owe.

What happens to your house payments after bankruptcy?

The credit bureaus would report your house payments as long as you are current, but they come off if you get behind. Sorry, but we don’t have that choice. After bankruptcy mortgage payments–current or late–don’t show on your credit. That’s just the way it is.