Behm Law Group, Bankruptcy Attorneys

Filing for bankruptcy can be a long-term solution for many financial problems, from credit card debt to car loans. Bankruptcy can also prevent and resolve the issue of a looming foreclosure. If you are struggling to meet debt payments each month, including those on your mortgage, bankruptcy might be the right choice for your household. With the help of Behm Law Group Ltd., you can file a successful case resulting in an effective repayment plan through Chapter 13 bankruptcy in St. Peter, MN. Not only will this repayment plan stop foreclosure, it will also provide a foundational solution for the rest of your debts that can be treated in the bankruptcy process.

If your home goes into foreclosure, it can be at least seven years before a lender will consider you for another property loan. However, it can take just two to four years after a bankruptcy before you can take out another mortgage on a home or business. Filing for bankruptcy is also a better option to keep your home and find additional resolutions for your other debts.

Automatic Stay

As soon as you file for bankruptcy, the court will automatically place a stay on your creditors’ right to collect any debts from you. This means you will be given relief from any mortgage foreclosure actions as well as collection actions for your other debts until the outcome of your case is resolved. If you file for Chapter 13 bankruptcy, the ideal outcome of your case will be a comprehensive three- to five-year repayment plan that is suited to your income and your reasonable and necessary living expenses.

Property Protection

In a Chapter 13 bankruptcy repayment plan, you won’t have to go through the same process you would in a Chapter 7 plan. This means your property will be protected from liquidation sales, but it also means you will still be responsible for paying debts on property, such as your house or vehicle, that you may want to keep.  Post-petition (after the bankruptcy filing) payments on any debts that are secured by such physical property, must continue to be paid throughout the duration of a Chapter 13 plan. If you want to keep your home, you must pay the ongoing, post-petition regular mortgage payments.  Any delinquency that you may have on the mortgage before your case is filed will be paid by the chapter 13 trustee through your chapter 13 payment plan.  However, you would still be required to make the regular mortgage payments that come due after the filing of your case and you would continue to make those payments directly to the mortgage creditor.

The benefit of filing for bankruptcy in this scenario is that your payment plan is structured, monitored, and enforced by the court and the bankruptcy trustee. Your Chapter 13 repayment plan is highly mutable based on your current income situation. For example, if your income drops beyond a point where you can meet your payments for a three-year plan, the court can alter your repayment plan into a five-year structure with lower monthly payments instead of the original proposal.

To learn more about filing for Chapter 13 bankruptcy in St. Peter, MN, and other bankruptcy options, contact Behm Law Group Ltd. today at (507) 387-7200.