top of page

Bankruptcy and Foreclosure: What You Need to Know

Happy family in their home making a play house. They are happy because the avoided foreclosure

For many homeowners, the threat of foreclosure looms heavily, especially during challenging economic times. But what if there was a legal way to potentially pause or even halt that foreclosure process? This is where the services of the Law Office of W. Derek May come into play, offering insight into the intricate relationship between bankruptcy and foreclosure.

Foreclosure occurs when homeowners default on their mortgage payments, prompting lenders to take action to reclaim the property. It's a harrowing experience that can potentially leave families without shelter and significantly impact their credit ratings. However, bankruptcy law offers a ray of hope in this bleak situation.

Filing for bankruptcy—whether Chapter 7 or Chapter 13—generally creates what is known as an "automatic stay." This powerful provision immediately stops most creditors, including mortgage lenders, from pursuing collection activities. It means that, in many cases, the foreclosure process can be temporarily halted once a bankruptcy petition is filed.

Chapter 13 bankruptcy, in particular, can be a lifeline for homeowners facing foreclosure. Unlike Chapter 7, which involves the liquidation of assets, Chapter 13 allows debtors to restructure their debts and formulate a repayment plan over a 3-to-5-year period. This can include past due mortgage payments, giving homeowners a chance to catch up and potentially keep their home.

While bankruptcy can delay or stop foreclosure, it's not a guaranteed permanent solution. If mortgage payments continue to be unmet post-bankruptcy, lenders may restart the foreclosure process.

Navigating the waters of bankruptcy and foreclosure requires expert guidance. The Law Office of W. Derek May offers both legal counsel and compassionate understanding of the distress homeowners face. We are here to help explore all available options, ensuring you are well-equipped to make informed decisions.

If foreclosure is knocking on your door, remember that bankruptcy might provide the relief and solution you need. Seek professional advice, understand your rights, and take proactive steps towards securing your financial future.


bottom of page