Legally Speaking When Is the Right Time for Homeowners to File for Bankruptcy Protection? By Omar J. Arcia, Esq., Foreclosure Defense and Bankruptcy Protection Attorney
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any homeowners are under the false impression that they should file for bankruptcy protection the moment they fall behind on their mortgage payments. However, every consumer must be aware that bankruptcy should only be filed as a last resort, when absolutely necessary, and when all else fails. Based upon our experience in handling hundreds of consumer collection matters, foreclosures and bankruptcy cases, there are really just a few instances when a client must file for bankruptcy protection. One such situation is after a final foreclosure judgment has been entered and the homeowner is only days away from a public auction of the home. Filing for bankruptcy protection at this time will automatically cancel the foreclosure sale, and will provide the homeowner with some valuable time to complete a loan modification application or prívate short sale of the home prior to a public auction. Filing for bankruptcy protection at the outset of a foreclosure proceeding is highly unadvisable, especially in view of the fact that in 2010 the average time to complete a foreclosure in Broward County was 600 days.
Several other instances when a bankruptcy filing is appropriate are when a debtor is facing a garnishment of wages, seizure of his/her bank accounts, or when a creditor is attempting to repossess property or a vehicle after a final judgment. Under these limited circumstances, filing for bankruptcy makes absolute sense given that there is no time and possibly no legal grounds to attack the collection process in court. However, if a bankruptcy discharge is obtained too early, a consumer will not be able to file for bankruptcy protection again for another 8 years. The preferred type of bankruptcy is a Chapter 7, assuming that your monthly expenses exceed your income. If you qualify for a Chapter 7, all credit card debt, unpaid medical expenses, and all other unsecured debt is wiped out completely. Unfortunately, any debt owed to the federal government for student loans or IRS debt will not be wiped out in a bankruptcy. You also may not qualify for a Chapter 7 bankruptcy if you have other assets which you could sell to cover your debts. In that case, you may have to file under Chapter 13, to restructure your debt, and slowly pay all past due amounts over a period of 3 to 5 years. The bankruptcy code is not easy to navigate. If the bankruptcy petition is not presented correctly, not only will you not qualify for bankruptcy protection, but you may also be prevented from re-filing for 180 days or more. The Arcia Law Firm has assisted hundreds of local homeowners and consumers in bankruptcy and foreclosure defense matters. If uncertain whether you qualify for bankruptcy protection or whether it is the right time to file bankruptcy, please contact the Arcia Law Firm today at 1-800-770-7102 or visit us online at www.arcialawfirm.com. Likewise, if you know anyone that is facing a mortgage related crisis, or is considering filing bankruptcy, please forward this article to them immediately.
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