If a debtor is behind in house or car payments, can Chapter 13 stop a foreclosure or repossession from taking place?

Posted on April 15, 2009. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , |

Yes.  Unlike Chapter 7, where the debtor can usually stop a foreclosure or repossession only if the creditor agrees to a reaffirmation, a debtor in Chapter 13 can provide for car and mortgage payments in the Chapter 13 plan, and the creditor can be required to accept these payments instead of proceeding with foreclosure or repossession.

For information about this issue or for other questions about filing bankruptcy, you can contact the Office of John Rogers, Attorney at Law at johnrogers@glasgow-ky.com  or toll free at 1-888-651-9353.  John Rogers, Attorney at Law is Board Certified-Consumer Bankruptcy Law-American Board of Certification and is a member of the National Association of Consumer Bankruptcy Attorneys.

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