Foreclosures And Bankruptcy - Do They Always Go Hand In Hand?

Monday, September 1, 2008 by Mark Zuckerberg
Knowing my work with homeowners in debt, a friend's parents shared an article from their AARP magazine called "Focusing On Foreclosures".  According to a statistic from the Mortgage Bankers Association quoted in that article, more than 31,000 Indiana homes were in foreclosure during the first quarter of 2008 alone!  As a bankruptcy attorney in Indiana for twenty-plus years, I'm often asked whether bankruptcy always involves foreclosure, and whether foreclosure can help avoid bankruptcy. In an earlier bankruptcy blog, Dis Or Dat? Foreclosure Or Bankruptcy?, I explained that each client's situation is different.  When I meet with folks in one of my Indiana bankruptcy law offices, we discuss all options that can help them get a handle on their financial problems.  The best plan might mean allowing a foreclosure (or using a Deed in Lieu of Foreclosure or Short Sale strategy), or it might involve keeping the home and using a Chapter 13 bankruptcy repayment plan.

The AARP article focused on the Indiana Foreclosure Prevention Network, which is a partnership among government, the private sector, and community groups (including AARP).  The IFPN developed a hotline that is available for calls from consumers twelve hours every day of the week, and also has a website that provides debtor information and education.  The organization holds events to bring debtors and lenders face to face to try to work out settlements and avoid foreclosure.

My own experience in dealing with literally tens of thousands of individuals in debt has taught me one important lesson that I try to convey to readers in all my bankruptcy blogs.  That same lesson is emphasized in the AARP article in a quote from Sherry Seiwert, executive director of the Indiana Housing and Community Development Authority: "The earlier they call, the better we will be equipped to assist them," she states.  And I, veteran bankruptcy attorney Mark Zuckerberg, say, "Amen to that!"

Comments for Foreclosures And Bankruptcy - Do They Always Go Hand In Hand?

Monday, September 1, 2008 by berchta:
Thank you for all the tips. It is such a great article. Had fun reading it. Even though people don't realize lenders do not want people's property. They have options to help borrowers through difficult financial times. Of course the further behind you become, the harder it will be to reinstate your loan and the more likely that you will lose your house. If you want to learn more on how you can avoid foreclosure prevention you can visit www.prevent-foreclosures.net. Not only they offer help but also great tips on how you can avoid same.
Friday, January 9, 2009 by Judy Junk:
If a couple has $30,000 equity in a home, is there a specified time required to have lived in the home to qualify for the Homestead exemption, in the case of Chapter 7 bankruptcy?
Tuesday, January 13, 2009 by Mark Zuckerberg:
While there’s no set number of years you must have been in your home to qualify for the exemption, the bankruptcy court will want to know where the equity came from. If, for example, you fairly recently sold another home and used the proceeds to buy this one, closely following that with a bankruptcy filing, the court might frown on your claiming the exemption.

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