How Bankruptcy Can Save Your Home was last modified: November 14th, 2015 by Howard Iken

Bankruptcy Can Save Your Home


bankruptcy and homesThe mortgage industry collapse combined with a slow economic recovery has left many people facing foreclosure.  People who had never made a single late payment on a credit card account let along missed a mortgage payment found that they were suddenly buried in negative equity and unable to make their mortgage payment because of unfavorable adjustable rates, job loss or other factors.

 

If you are behind on your mortgage and facing possible foreclosure, you are in good company.  Despite a slight improvement in the housing market nationally, Florida remains hard hit by the housing market collapse.  Approximately, one in every 317 housing units in the U.S. was subject to a foreclosure filing in March of 2013, which is more than twice as high as the foreclosure rate nationally.

Although receiving a notice of foreclosure is a scary prospect for families that may count their family home as their most valuable asset, bankruptcy can provide a number of options for protecting your home.  Even if you have equity in your home, you may protect a substantial amount of equity by using the bankruptcy exemption for a family home.  This means that if you qualify for Chapter 7 under the financial means test, you may be able to discharge credit card debts, creditor judgments, personal injury lawsuit judgments (except for DUI related cases), unpaid hospital bills and other forms of unsecured debt.

 

This strategy can allow you to ease your total monthly debt obligation so that you have more available funds to pay your mortgage and cover necessary living expenses. 

A Chapter 7 bankruptcy also may free up financial resources by eliminating wage garnishments filed by judgment creditors and protecting your assets and bank accounts from being depleted by levies and property seizures.  However, some forms of unsecured obligations are not dischargeable, which may include some taxes, child support, alimony, DUI personal injury settlements/judgments, fines by government entities and other types of obligation, but an experienced Florida bankruptcy attorney can advise you regarding whether your debts qualify for discharge.

 

There are certain situations where a Chapter 13 repayment plan may provide a better option for protecting your home from foreclosure, such as:

 

  • Possessing too much equity in your home
  • Inability to qualify for Chapter 7 under the means test
  • Exposure of other non-exempt assets to bankruptcy liquidation
  • Insufficient time since a previous Chapter 7 discharge

 

In these situations, you may be able to pay past due payments toward you home over a three or five year repayment plan.  While the current monthly mortgage payments must be maintained along with a trustee payment that covers secured obligations, non-dischargeable unsecured debts (e.g. child support, etc.) and some portion toward unsecured ordinary debts, you may be able to use Chapter 13 to get your mortgage current and protect your home from a foreclosure sale.

 

Our experienced Florida bankruptcy attorneys offer a free consultation so that we can evaluate your situation and advise you regarding the best strategy to protect your home from foreclosure.  Even if a foreclosure sale has been scheduled, we may still be able to help, but time is of the essence.  Call us today at Ayo and Iken to schedule your confidential free consultation at 1-800-469-3486 or email us.


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My business and personal life suffered during the down economy. I was forced to consider business and personal bankruptcy, the loss of my business and the loss of my home. I met with Mr. Ellzey and was surprised he was not mostly interested in taking money. He took the time to listen to my problems and asked a lot of questions about my and my business and my family. After he got the big picture of not only the facts but also of my values and priorities, he suggested to take some action on some things, to wait on other things, and to make good choices as we worked a plan. I worked with Mr. Ellzey over a few years to get out from under a lot of business debt, to keep our kids in school, and to save our home after we thought we were going to lose it. I do not believe sometimes how well things turned out when it all seemed so hopeless before Mr. Ellzey helped us. Above all, he was fair with me, never promised what he could not do, and delivered more than he ever led me to believe he could do.