Posts Tagged ‘housing’

Does Default Deter Bankruptcy?

Friday, June 15th, 2012

Submitted by Attorney James McGuire

Can I file bankruptcy if I am behind on my house payments?

Clients often wonder whether they can file bankruptcy if they are behind on their house payments.  The short answer is yes.  However, which type of bankruptcy is best in your situation needs to be discussed with your attorney.

For example, if your goal is to keep your home, a Chapter 13 bankruptcy may be the best fit for you.  In Chapter 13, you are allowed to resume (or continue) making the regular monthly payments, while making a Chapter 13 “plan payment”, a portion of which will be used to cure the arrearage on your home over a period of 3 to 5 years.  This works best when the reason you have fallen behind on your house payments was a temporary problem, and you are able to get back on track but need time to do so. 

If you do not want to keep the house, then Chapter 7 bankruptcy may be a better option.  You can surrender the home to the bank as part of the Chapter 7 bankruptcy and discharge the mortgage, including any arrearage. 

Increasingly, we are seeing banks reluctant to immediately foreclose on homes that clients wish to surrender in Chapter 7.  With more frequency, banks are now reaching out to these clients to see if they would like to pursue home modifications or other strategies to help them stay in their home.  If it works out, great, if not, you can ignore such offers and discharge the mortgage with the surrender of the home.

If you are behind on your mortgage and considering bankruptcy, it is a good idea to talk to a bankruptcy attorney that can assess your individual goals and situation.

If you have questions about bankruptcy, we encourage you to attend one of our free seminars or contact us at 800-899-2730 for a free personalized consultation. For more information about our seminars please visit http://www.freearizonabankruptcyseminar.com/.

National Expert Predicts Rising Bankruptcy in 2011 and 2012

Friday, July 23rd, 2010

National Expert Predicts Rising Bankruptcy in 2011 and 2012

With the signing of the Financial Services Regulation Overhaul legislation, the Obama Administration will be turning its attention to its feeble job creation performance. Dr. Robert D. Manning, the nation’s leading scholar on consumer debt trends and founder of the nonprofit personal finance education company “DebtorWise Foundation,”, has been one of the nation’s most accurate forecasters of the housing market bubble and consumer-led recession, beginning with his Feb 2001 testimony against the bankruptcy reform legislation and May 2001 op-ed against the Federal Reserve’s easy credit policy. His recent research on the US housing market and recommended policy proposals, including a hybridized “Shared Equity Appreciation Plan,” are attracting increasing attention by national banks but not the Obama Administration.

According to Dr. Manning, “Wall Street has persuaded the President and his economic policy staff that mortgage write-downs are not feasible policy options. The current ineffectual interest rate reduction programs are simply creating a ‘soft floor’ for housing prices and postponing inevitable downward market corrections–especially since banks are so reluctant to make loans today. The result is at least 5 million and as many as 7.5 million homes will be in foreclosure over the next 3-4 years.”

The inflexible and counterproductive policy of banks not to restructure mortgages closer to their market values is further eroding consumer confidence and providing financial incentives for homeowners to remain in their homes–rent free–until they are evicted. The consequences are significant to banks and bankruptcy service providers. First, consumers are catching up on secured and unsecured loans such as auto loans and credit cards since they are not paying the mortgage. This is providing a false sense of security to banks and policy-makers that the worst of the recession is over. Second, if millions of jobs are not created over the next three years, then millions of families will have no other choice but to file for bankruptcy after they are evicted from their homes and have to start paying for their housing. Hence, the relative stability of bankruptcy filings in 2010 may be the lull before the bankruptcy filing storm hits in mid-2011.

As Dr. Manning explains, “Housing is the key to the pace of the economic recovery and whether it will be widespread. By examining different categories of household expenditures such as auto and credit card payments, this fallacious approach provides an optimistic view of the health of the American family that defies the reality of the current recession. Unless banks begin more reasonable lending practices and the Obama Administration begins creating more jobs, 2011-12 could be a record period for consumer and commercial bankruptcies in the United States.”

COPYRIGHT (C) 2010 DebtorWise

DebtorWise Foundation is approved by the Office of the United States Trustee to issue certificates in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of an agency’s services.

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If you are considering bankruptcy, and would like to learn more, please call us today for a free initial consumer bankruptcy consultation, or attend one of our upcoming free bankruptcy seminars.  To learn more, visit us at www.McGuireGardner.com or www.freearizonabankruptcyseminar.com


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