Orlando, Florida, Bankruptcy Lawyers
One of the reasons people file bankruptcy is to prevent home foreclosure. At the Law Office of Paul L. Urich in Orlando, Florida, our lawyers offer a free initial consultation to explain how to stop home foreclosure by filing an emergency bankruptcy petition.
Filing either Chapter 7 bankruptcy or Chapter 13 bankruptcy will stop any home foreclosure action by your lender under the automatic stay provision of the U.S. Bankruptcy Code. However, you will still have to catch up on your house payments if you want to keep your property. Your lender may ask permission from the bankruptcy court to proceed with home foreclosure if it can show that you are so far behind on your payments that you will be unable to bring your payments current.
Because Chapter 7 bankruptcy provides relief for other types of debt such as credit card bills, this bankruptcy option may enable you to catch up on your mortgage payments and keep your house. However, if you are far behind on your payments, filing Chapter 13 bankruptcy may be the best choice for you. Under a Chapter 13 debt repayment plan, you will have up to five years to bring your mortgage payments up to date.
If you have house payments automatically deducted from your checking account, those payments may stop as a result of your filing bankruptcy. Therefore, it's important to keep an eye on your checking account. If you get behind on house payments after filing bankruptcy, your lender will have the right to make a motion to vacate the automatic stay and foreclose on your house.
Our lawyers recommend that you make house mortgage payments by money order or bank check for at least six months after your bankruptcy case, as these forms of payment can't bounce. We also recommend that you send payments by certified or registered mail, return-receipt requested, so that you have proof of when the lender received it. For other questions, read our 12-point list of advice to clients regarding foreclosures.
Free home foreclosure consultation: Call 407-896-3077 or fill out our contact form to discuss your case with a Florida bankruptcy attorney at no charge.