A recent study regarding saving your home and the different alternatives available including bankruptcy came to the conclusion that most bankruptcy attorneys in Orlando, FL already knew. Chapter 13 bankruptcy is probably the best way to save your home. At the very least the study showed when compared with homeowners who did not file, debtors who filed for bankruptcy were able to stay in their homes for, on average, almost 28 additional months, over two years.This figure includes those who ended up losing their homes.
When clients come in to my office to file bankruptcy in Orlando or my offices in Kissimmee or Clermont, often times they ask me whether it is in their best interest to save their home. Usually the home is several months behind in payments. And yes there is a particular kind of bankruptcy - a Chapter 13 which enables you to (1) catch up your payments in your home; (2) modify your first mortgage to 31% of your gross income, and (3) even eliminate the second mortgage on your home. Nevertheless, most people have an emotional attachment to their home and I understand it.
Many homeowners in debt, from those who have fallen behind on mortgage payments to those who can no longer rely on equity in their house as a buffer against other forms of debt, wonder if they will still have a roof over their head after bankruptcy. The answer to this important question is quite complicated and depends on many factors:
The Bankruptcy Abuse Prevention and Consumer Protection Act
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which heralded a major reform to the bankruptcy system in the United States. As the name implies, the BAPCPA had two main objectives: