Can Bankruptcy Prevent Foreclosure in Pennsylvania?
Can Bankruptcy Prevent Foreclosure in Pennsylvania?
Facing foreclosure is one of the most stressful experiences a homeowner can endure. In Pennsylvania, many individuals who fall behind on mortgage payments worry about losing their homes and wonder if bankruptcy might offer relief. While bankruptcy is not a decision to take lightly, it can, in some situations, stop or delay foreclosure and provide homeowners with options to protect their property.
The Automatic Stay
When you file for bankruptcy, an automatic stay immediately goes into effect. This legal protection requires creditors, including mortgage lenders, to pause foreclosure proceedings. Even if your home is scheduled for a sheriff’s sale, the automatic stay can temporarily halt the process. This pause gives you time to assess your financial situation and determine your next steps.
Chapter 7 Bankruptcy and Foreclosure
Chapter 7 bankruptcy primarily helps eliminate unsecured debts, such as credit cards and medical bills. While it can delay foreclosure through the automatic stay, it typically does not provide a long-term solution for saving a home if you cannot catch up on mortgage payments. However, by discharging other debts, you may free up resources to address your mortgage.
Chapter 13 Bankruptcy and Foreclosure
Chapter 13 bankruptcy, often called a “wage earner’s plan,” can be particularly helpful for homeowners in Pennsylvania. This form of bankruptcy allows you to create a repayment plan lasting three to five years, during which you can catch up on missed mortgage payments while continuing to make current ones. As long as you adhere to the plan, you may be able to stop foreclosure and keep your home.
Considering Bankruptcy as a Tool
Bankruptcy is not the right choice for everyone, but for some, it provides much-needed breathing room and a structured path forward. Consulting with a bankruptcy attorney can help you evaluate whether filing could be a practical way to prevent foreclosure and protect your assets.
At Tadross Law, we assist Pennsylvania residents who are facing financial challenges, including the threat of foreclosure. We guide clients through their options and work toward solutions that support long-term financial stability.
