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When is filing for Chapter 7 bankruptcy a good idea?

Roths Child Law

Bankruptcy Code reserves certain opportunities for those who are least likely to be able to repay their debts any time soon. Unlike Chapter 13 bankruptcy, which is available to most Americans, Chapter 7 bankruptcy is only available to low-income filers. However, this risk impacts very few Chapter 7 filers.

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Bankruptcy vs. Foreclosure

Sawin & Shea

When you are struggling to pay your bills, there may come a point where you are faced with deciding between bankruptcy vs foreclosure. If you choose bankruptcy, there are also different options depending on whether you choose a Chapter 13 bankruptcy or a Chapter 7 bankruptcy.

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Can You Use a Bankruptcy to Stop a Foreclosure?

Sawin & Shea

If you’re considering filing for bankruptcy, you’re not alone; roughly 375,000 people filed for bankruptcy in 2022, and home foreclosure filings rose 115% in 2022 over the number of foreclosures in 2021. To many people, the most alarming thing about filing for bankruptcy is the possibility that they will lose their home.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

Your consumer and non-consumer debts impact your ability to file Chapter 7 bankruptcy, and your debt types also determine what’s protected by an automatic stay when filing Chapter 13 bankruptcy. They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you.

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What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

Your investment real estate’s outcome depends entirely on whether you file for Chapter 7 or Chapter 13 bankruptcy. Investment Real Estate in Chapter 7 Bankruptcy. Chapter 7 bankruptcy is a great option for those looking to discharge eligible debts. Chapter 13 Cramdowns.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

It basically serves as a legally binding promise that the person filing for bankruptcy will resume making payments in full and on time to the creditor. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars.

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Can You Sell Your Home if You File for Bankruptcy in Indiana?

Sawin & Shea

If you are struggling to pay your mortgage and other bills, the good news is that the CARES Act (Coronavirus Relief and Economic Security) has extended the deadline for when the foreclosure moratorium is due to expire. You will need the advice of an experienced bankruptcy attorney as soon as possible! Chapter 7 Bankruptcy.