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Stop Foreclosure and Repossession

Foreclosure lawsuits are stopped immediately by Chapter 13 or Chapter 7.

However, only Chapter 13 provides a way to force the creditor to accept repayment of a past due amount.

  • In Chapter 13, to stop foreclosure, you must do the following within 30 days of filing your case:
    • Pay the regular mortgage and
    • Pay the Chapter 13 plan payments to catch up your mortgage payments.

Repossession efforts are stopped immediately by both Chapter 7 and Chapter 13, however, how the debt is managed depends on the Chapter that you file. Only Chapter 13 can recover a vehicle after repossession.

  • If your case is Chapter 7, you must be current on your payments, pay off the vehicle in full, or surrender the vehicle.
    • You will not lose your car as long as your payments are current.
  • If the case is Chapter 13
    • It is also possible to recover a vehicle if your Chapter 13 is filed within 10 days of repossession and the vehicle has not been sold.