What Are the Benefits of Personal Bankruptcy For Georgia Home Owners?

A recent study showed that one in five homeowners who file bankruptcy do so in order to stop a foreclosure. This is a prime example of how personal bankruptcy can be beneficial for Georgia residents.

What makes it different for Georgia residents? Georgia has a high unemployment rate, especially in major cities such as Atlanta.

But there is good news, as foreclosures in Georgia are less common, according to studies made in the tough year of 2009, than many other states. Georgia had a fraction of the total foreclosures that California had, for example.

Still, even with low foreclosure rates, unemployment rates pushing over 10 percent make it a tough market. This makes personal bankruptcy more valuable. You can save your home, you can eliminate debt, and you can get a fresh start.

Personal filing comes under Chapter 7 and Chapter 13 bankruptcy. How do they help Georgia home owners? Are you eligible? Let’s find out.

Eligibility

If you make too much money to file Chapter 7 bankruptcy, it’s actually not a bad thing. Home owners typically file under Chapter 13 bankruptcy.

Why?

You can save your home from foreclosure by filing Chapter 13. Chapter 7 is very good in other respects, such as eliminating credit card debt. But if you’re a employed individual or family member, you might be over the limit for Chapter 7.

How Chapter 7 Works

Chapter 7 is a liquidation. Your trustee sells your assets to pay back debt. Your debts in many areas are cleared, such as credit cards. However, for home owners the bad news is your home may not be exempt. There is exempt and nonexempt assets. If any asset is valued too high and not exempt, you might consider personal bankruptcy under Chapter 13.

How Chapter 13 Works
For home owners who are currently working, this is the prime option. You do not eliminate any debts. You create a plan for paying back the debts over 3-5 years. If you fall behind in mortgage payments because of a  mountain of other bills, you can save your home.

Warnings On Personal Bankruptcy for Home Owners
If you are going to file under Chapter 13, do not wait too long. If you do wait until the lender forecloses, you may lose the home anyways. Technically, lenders can foreclose after you miss one payment, but that rarely happens and usually it occurs after a few missed payments. There is an entire process to this and an experienced bankruptcy attorney can help.

Hiring a Personal Bankruptcy Attorney

Filing bankruptcy is cheap in comparison to all the benefits, especially for Georgia home owners. Chapter 13 bankruptcy, for example, is only $274 (and Chapter 7 $299). You do have to pay a lawyer, but if you hire the right one, it saves you time and money.


Advantages of Filing Chapter 7 and Chapter 13 Bankruptcy Before Georgia Foreclosure

Filing for Chapter 7 or Chapter 13 bankruptcy is too complicated for many individuals to do by themselves, but the benefits of bankruptcy can be had by all. While it can be a complex and difficult process, in most cases Chapter 7 and Chapter 13 bankruptcy do more than give you a fresh start–they give you a second chance.

As noted in this blog post on Georgia Debt Law, if you’re facing foreclosure then  bankruptcy is often your best option. At a minimum, you have extra time to find a second residence. At best, it buys you time to save your home.

Just what bankruptcy should you file and how does it work?  First, let’s go over exactly what a foreclosure is.

Georgia Foreclosure

You fall behind on your mortgage payments, and the lender isn’t working with you on a payment plan. Maybe you have too many other bills, such as medical fees or car payments, or maybe you lost your job or someone close to you passed away. No matter the reason, the lender can take steps to bring foreclosure on your home, selling it at an auction and paying back your debt through the sale.

There are many alternatives to filing bankruptcy, but in terms of foreclosure, if you’re behind on payments sometimes there is little else you can do. If the lender is unwilling to negotiate, if you have bad credit, or if you have no other place to go if you lose this home, bankruptcy is almost a must.

Georgia Bankruptcy
Filing bankruptcy in Georgia usually calls for Chapter 7 or Chapter 13 bankruptcy. The good news with Chapter 7 bankruptcy is that it buys you extra time to find another residence (if you have few other places to go). This can be several months if not longer, as by law the courts can protect you.

How? If you file Georgia bankruptcy, there is the “automatic stay” which usually gives you 3-4 extra months extra time. You will likely lose your home if you file Chapter 7 bankruptcy in Georgia, but 3 months is a lot of time to figure something out.

On the other hand, you may want to fight this to the end. The best option if you want to keep your home–if you want to fight for it–is to file Chapter 13 bankruptcy in Georgia.

Advantages of Chapter 13 Bankruptcy in Georgia

Chapter 13 bankruptcy can save your home. You will need enough income to meet your current mortgage payment, so do what you can to get that. After, you will set up a repayment plan over a few years time–usually 3-5 years. This means you’ll pay back the debt over a longer period. It  does call for bringing in more money, but Chapter 13 bankruptcy is the foreclosure solution.

Hiring a Georgia Bankruptcy Lawyer
Your best choice is to discuss this with a Georgia bankruptcy lawyer. Did you know, for example, you may be able to cancel your 2nd and 3rd mortgages? It’s not a dream, with the right assistance you can. And people successfully file for bankruptcy in Georgia to stop or delay foreclosures. All you  need now is to choose a lawyer who can help.


Even Banks Are Walking Away From Foreclosures

An article on the New York Times Web site describes the plight of some property owners who have given up hope on catching up on their mortgages and walked away from homes or investment properties only to find that the bank that owns the loan won’t take possession of the property either.

According to the article, “City officials and housing advocates here and in cities as varied as Buffalo, Kansas City, Mo., and Jacksonville, Fla., say they are seeing an unsettling development: Banks are quietly declining to take possession of properties at the end of the foreclosure process, most often because the cost of the ordeal — from legal fees to maintenance — exceeds the diminishing value of the real estate.”

The new development in the foreclosure crisis emphasizes that if you are facing financial problems, you should do everything possible to keep in touch with your creditors and attempt to negotiate a solution to your problems.


Stall Tactics Helping Homeowners Delay Foreclosure

An Associated Press story in the Atlanta Journal Constitution highlights a Florida attorney who has developed a stall tactic that has mortgage servicers wanting to foreclose on homes scrambling to find documentation that proves they in fact own the loan. Homeowners across the country have used the legal move to delay or stop foreclosure proceedings and stay in their homes.

After being served with foreclosure notice, the homeowner files with the court seeking proof of the lien by asking that the lender produce the original mortgage paperwork.

Since the paperwork is often stored in dedicated facilities, it may take weeks or even months to find the documentation delaying the foreclosure. Sometimes, mortgage lenders have been unable to produce the documentation of the loan and the foreclosure is stopped by the courts.

Since the foreclosure process in Georgia is much quicker than in some parts of the country, it requires that homeowners be on top of their situation. Knowing you have missed a couple of mortgage payments, you need to be on the lookout for a notice in your local paper and anything that may be sent to you in the mail regarding a foreclosure.

If your financial situation has deteriorated to the point that you are struggling to make your housepayment, you should talk to a Georgia bankruptcy attorney about your options.




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