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.