Credit counseling: How to avoid future problemsWhen do secured creditors try to remove the stay in order to foreclose on your house?
Secured creditors are likely to ask the court to remove the stay if you are not making payments or the collateral is not adequately protected. (To learn more about secured debts, see What Is a Secured Debt?)
Not making payments on a secured debt. Secured creditors often file motions to lift the stay when the debtor is not making payments. Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, or the debtor has provided for payment of the debt in a Chapter 13 repayment plan). For example, if you are behind on your mortgage when you file for Chapter 7 bankruptcy, your mortgage lender is likely to ask the court to lift the stay so it can continue with foreclosure.
(To learn more about secured debts in Chapter 7, see Secured Debt & Property in Chapter 7 Bankruptcy. For more on the repayment plan, see The Chapter 13 Repayment Plan.)
Lack of adequate protection. A secured creditor may also complain that it is not adequately protected. Lack of adequate protection usually means that there is no insurance on the collateral, or it is likely that the debtor will not make future payments.
A creditor must also prove to the court that it has standing. In these cases standing usually boils down to showing that the debtor is actually indebted to the creditor seeking the relief. During the recent mortgage crisis, standing has been a sore subject for the banking industry. Some banks have been unable to prove standing as a subsequent creditor on mortgages that were transferred several times and the original notes are now lost.
Motions by Unsecured Creditors
Sometimes unsecured creditors and other parties seek to lift the automatic stay. The court will often grant the request if the unsecured debt will be excluded from the bankruptcy discharge, like child support obligations, spousal support, or criminal restitution. This is especially true when the debtor has filed a Chapter 7 bankruptcy case. Chapter 13 debtors are often able to repay these non-dischargeable debts over three to five years and remain under the protection of the bankruptcy court.
A landlord may seek relief in order to evict for non-payment of rent. A bankruptcy debtor’s rent obligation is divided on the bankruptcy filing date into pre-bankruptcy and post-bankruptcy debts. Pre-bankruptcy rents are dischargeable, and post-bankruptcy rents are not dischargeable and not subject to the automatic stay. This means that while the automatic stay would prohibit the landlord from collecting on unpaid pre-bankruptcy rent, the landlord may evict if post-bankruptcy rents are not paid.
Can credit repair help you in Virginia to achieve financial stability? How long does a bankruptcy stay on your credit report?
The length of time you’ll see a bankruptcy stay on your credit report depends on what type it is. A Chapter 7 bankruptcy remains on your credit report for 10 years while a Chapter 13 bankruptcy remains on your credit report for just 7 years.
However, contrary to popular belief, bankruptcies can be removed from your credit report early and you can get credit after a bankruptcy. You do NOT have to wait up to 7 or 10 years before being able to get a mortgage, car loan, or any other type of credit again. In fact, it usually only takes a few years to be able to get access to loans and credit cards again. But that can seem like a long wait when you need cash upfront. Plus, once you do start to qualify again, you’ll still be paying extraordinarily high interest rates.
Rather than getting stuck with high interest rates and low balance maximums, work on negating the effects of bankruptcy as much as possible. Between disputing the bankruptcy itself and taking concrete actions to rebuild your credit, you can get much better offers for credit cards and loans. One mistake doesn’t have to set you back financially for the next ten years. Read on to find out the various ways in which you can recover from having a bankruptcy on your credit report.
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