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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37830
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Is there a Federal Bankruptcy law that can protect a residential

Customer Question

Is there a Federal Bankruptcy law that can protect a residential homeowner from foreclosure after the debts have been discharged?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Assuming that this is a Chapter 7 bankruptcy, then if the homeowner is not current on the payments, then the lender can foreclose, plain and simple.The debtor could convert to a Chapter 13 and try to create a plan that would permit him/her to catch up on the payments over the next five years. That would be the only way to continue to stave off the foreclosure.


If the debtor is already in Chapter 13, and is not able to maintain the plan payments, then there are no more options available.


Hope this helps.


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