I just barely got a discharge in my chapter 7 last year. How can I stop a foreclosure now?

You can file a chapter 13 to stop a foreclosure, even if you’re not eligible for a discharge.

Let’s say that you discharged all of of your debts last year in your chapter 7.  You received a discharge, and the case is closed.  Now, you have a foreclosure sale on your home.

You cannot get a discharge of your debts in a new bankruptcy case for a few years, but this doesn’t mean that you’re going to lose the home.

You can file a chapter 13, proposing a repayment plan to catch up on the mortgage arrears.  You won’t get a discharge of any new debts, because your chapter 7 discharge was too recent, but at this point, it doesn’t really matter.  You want to stop the foreclosure, and this stops it cold.

To put it simply:  chapter 13 stops the foreclosure and gives you a repayment plan to catch up on those missed mortgage payments.

Leave a Reply