Facing Foreclosure? Chapter 13 May Be the Solution
Losing a home to foreclosure can be one of the most stressful experiences a homeowner faces.
If you’ve fallen behind on mortgage payments and received a foreclosure notice, you may feel like you are out of options. But you’re not. Chapter 13 bankruptcy can be a powerful legal tool to stop foreclosure in Texas, and it may be your best chance to keep your home.
With strict foreclosure timelines in Texas, acting fast is crucial. By filing for Chapter 13, you gain immediate protection and a chance to reorganize your debt. Let’s understand how it works and whether it’s right for you.
What Is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy, also known as debtors’ reorganization, allows you to renegotiate your debts to be paid over a three-to-five-year period. Chapter 13 is ideal, and may even be the only recourse, for individuals with steady income who seek to get a fresh start in bankruptcy. With a Chapter 13 filing, you don’t have to relinquish any property, so you can keep your home while simultaneously halting the foreclosure process.
As long as you maintain current payments moving forward, foreclosure proceedings are suspended—and often resolved—through court supervision.
How Chapter 13 Stops Foreclosure
The Automatic Stay
As soon as you file for bankruptcy, a legal protection known as the automatic stay takes effect. This immediately halts all foreclosure activity, including scheduled auctions and collection calls. It provides critical breathing room and legal protection while your repayment plan is reviewed.
Repayment of Past-Due Mortgage Payments
Chapter 13 lets you include past-due mortgage payments in your court-approved plan. Instead of coming up with a lump sum to stop foreclosure, you can pay it back over several years, making it more affordable.
You Keep Your Home During the Process
As long as you follow the plan and continue paying your regular mortgage going forward, you can remain in your home throughout the process. Chapter 13 essentially buys you time and offers a clear path to financial stability.
Court-Enforced Protection
All repayment plans are managed and enforced by the bankruptcy court. That means lenders must comply, and you’re legally shielded from foreclosure attempts during the plan term, provided you stay current.
Is Chapter 13 Bankruptcy Right for You?
Chapter 13 works best for individuals or families with regular income who’ve experienced a temporary hardship—job loss, medical emergency, or divorce—that has caused them to fall behind.
You may want to consider Chapter 13 if:
- You’ve been denied a mortgage loan modification.
- You’re facing imminent foreclosure.
- You want to consolidate debts and catch up over time.
Note: To qualify for Chapter 13, you must demonstrate that you enough income to cover the proposed payments.
Why Legal Help Matters
Bankruptcy is complex. Missing a Chapter 13 filing deadline or incorrectly submitting paperwork can derail your entire case. An experienced Texas bankruptcy attorney will help you:
- File quickly and accurately
- Draft a viable repayment plan
- Ensure your home is protected under the law
At Weir & Associates, we’ve helped countless Texas homeowners stop foreclosure through Chapter 13. Our legal team will assess your situation and provide step-by-step guidance throughout the process.
Read Also: Signs That It Might Be Time to Talk With a Bankruptcy Lawyer
Contact an Experienced Texas Foreclosure Attorney
At the Law Offices of Carrie Weir, we assist homeowners throughout Rockwall, Kaufman, Dallas, Collin, and surrounding counties in taking swift legal action to prevent foreclosure and protect what matters most.
All potential clients receive a free initial consultation. Call us today at 972-772-3083 or contact us online to speak directly with an experienced foreclosure lawyer.
