The Purpose Of Filing Chapter 7 Bankruptcy
Of course, the reason why people file for bankruptcy is to get out of debt, especially when theyre neck-deep in unsecured debt, and it seems like there is no way out. In other words, bankruptcy is a legal way to get out of unsecured debts without paying them. Here are examples of some unsecured debt that are discharged by a Chapter 7 bankruptcy:
- Medical debts
- Lease payments, old rent, and utility
- Some student loans
- Some old personal income taxes
- Some liens on household goods
There are debts that cant be eliminated by bankruptcy. Some of those debts are child support, most student loans, taxes, and alimony. However, a lot of people get a discharge that covers the majority of their debt.
When youre out of debts owed to unsecured creditors, you get a fresh start to make financially smart decisions and re-build your credit score.
Chapter 7 Bankruptcy Waiting Periods
Chapter 7 is the most common type of bankruptcy. In Chapter 7 bankruptcy, the court wipes away most unsecured debts. That, in turn, has the most negative impact on your credit report.
Once the case is discharged, lenders will enforce a waiting period, otherwise known as a seasoning period, for those hoping to apply for a mortgage after bankruptcy. Waiting periods include:
- Four years for a conventional loan.
- Three years for a USDA loan.
- Two years for VA Home Loans or FHA mortgage.
What Are Todays Mortgage Rates
Todays mortgage rates are at historic lows.
Typically, home buyers applying after Chapter 7 bankruptcy will be charged higher interest rates. But shopping around in todays low-rate market could help you net a fair deal on your home loan.
If youre thinking about buying a home, check with a few mortgage lenders to verify your home loan eligibility and find out what rates you qualify for.
Step by Step Guide
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Can I Buy A House After Filing Bankruptcy In Georgia
Bankruptcy | May 17, 2021 | Christopher Ross Morgan
In a word, yes. In fact, many people can buy houses before a judge discharges their bankruptcies. When someone asks can I buy a house after filing bankruptcy, they should know some of the biggest factors: obtaining a loan and waiting through the two-year waiting period. To better answer this question, well look at how bankruptcy affects some key decisions you make during the home-buying process.
Many people are asking this question in light of the recent bankruptcy filing increase and the home mortgage interest rate . Coronavirus is largely responsible for both these developments. The virus, and especially its lockdowns, laid additional economic and emotional stress on families. Unemployment, divorce, and illness, any of which can be a bankruptcy trigger, all increased. COVID-19 also decreased housing demand. Whenever demand goes down, prices usually go down as well.
As a result, many families are caught between. The aforementioned personal financial difficulties have them thinking about bankruptcy, and the aforementioned near-record-low interest rates have them thinking about buying a home.
Start The Conversation With A Lender
Whether youre hoping to buy a home in a few months or a few years, know that its worth the wait. This is especially true for those who have filed for bankruptcy in the past and may need to pause their home buying journey as a result.
Interested in learning more about qualifying for a home loan? Contact one of our dedicated mortgage consultants today.
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How Can I Be Sure To Keep My House After Chapter 13
While you will be allowed to keep, or even purchase a house or other property after you file for Chapter 13 bankruptcy in Wisconsin, there are steps you will be required to take in order to retain or keep that ownership. You must:
- Pay your bankruptcy payments in full
- Pay your bankruptcy payments on time
- Never miss a payment
Debt reorganization is intended to assist you to in paying off your debt, while maintaining your property, though it can be challenging to follow the repayment schedule.
Many Wisconsin residents who have filed for Chapter 13 bankruptcy, find keeping up with the new payment schedule is still too challenging. If you share this concern, you may want to convert your bankruptcy filing from Chapter 13 to Chapter 7.
If this sounds like an option you might like to pursue, it is in your best interest to discuss your specific circumstances with a proven bankruptcy attorney in order to get the clearest picture of your options before deciding your next stepsespecially if you hope to convert from Chapter 13 to Chapter 7 and keep your house in Wisconsin.
If you would like assistance as you consider filing for Chapter 13 in Wisconsin, or if you would like to learn more about converting your Chapter 13 bankruptcy to a Chapter 7 filing, contact a knowledgeable bankruptcy attorney to discuss your options.
How Long Before You Can Buy A House After Bankruptcy
Simply put, the period varies. However, the bankruptcy must be discharged if you want to be eligible for a house loan. For the unaware, bankruptcy discharge refers to an order from a court that exempts the debtor from liabilities that come with certain debts. It restricts the creditors from collecting on the discharged debts. In other words, the debtors dont need to pay off the discharged debts. Similarly, the creditors cannot demand a payback.
A discharged debt is the first step on the ladder. The process does not end here. However, this is something that lenders note. Speaking of this, discharged debts are often a clear indication that the court will very soon mark the said bankruptcy case closed.
With respect to Nevada, around two years after discharge is when you will be able to buy a house. Your credit history should be positive. Moreover, it is pertinent to mention that a Chapter 13 filers waiting period will be shorter than the one filing for Chapter 7.
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What Are Usda Loans
USDA loans are backed by the U.S. Department of Agriculture for low-and-middle-income borrowers who may not qualify for a conventional loan. The mortgages have low down payments and no closing costs for those who buy a home in a qualifying rural area, which includes about 97% of the U.S. A borrowers income cant exceed 115% of the median income for the area. Mortgages are 30-year, fixed-rate.
While the USDA doesnt set a minimum credit score, most lenders who process USDA loans require a minimum of 640.
Waiting period for applicants who have filed for bankruptcy:
- Chapter 7 Eligible three years after discharge.
- Chapter 13 Eligible after 12 months if theyve stuck to their plan payments.
Bankruptcy And Real Estate
During bankruptcy, the court imposes an automatic stay that stops all collection actions, including foreclosure. If you have filed Chapter 7 bankruptcy, your home may or may not be exempt from the proceedings. If the home is not exempt, your bankruptcy trustee may sell it to help pay your debt. However, if the home is exempt, your trustee can’t sell it, and you will retain possession of it even after the case is closed.
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Consult With A Bankruptcy Attorney
Each state’s exemption laws vary significantly, and courts have come to different conclusions when they apply exemption laws to proceeds. If you have sold a house and you plan to file for bankruptcy, or if you intend to sell soon, a qualified consumer bankruptcy attorney can tell you how a bankruptcy court will likely treat the sales proceeds in your jurisdiction.
Start Saving By Setting A Budget
A stable financial situation will be key to ending bankruptcy and getting approved for the mortgage refinance after bankruptcy. You will need to create a formal budget to be successful, and its not as complicated as you think:
- Find a budgeting platform that makes this easy for you
- Enter your bills and categorize your expenses.
You will need as much money as you can save for the down payment in the next 12 to 24 months.
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How To Buy A Home After Filing Bankruptcy
This article was co-authored by Natacha Ciezki. Natacha Ciezki is a Real Estate Broker in Texas. She became a member of the Texas Real Estate Commission in 2006 and has a JD in International Law from the Florida Coastal School of Law.There are 23 references cited in this article, which can be found at the bottom of the page.wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 89% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 161,911 times.
Filing for bankruptcy is not an easy decision. However, mounting debt can be both crippling and so stressful that you feel like you will never recover. But, you will. With the clean slate of bankruptcy, you can rebuild your credit and be ready to purchase a home in a shorter time than you might think.
Buying A House After Chapter 7 Bankruptcy
If you had a bankruptcy discharged a year ago or more, you might be starting to get your finances back in order. Maybe youre even thinking about buying a house.
The good news is that its possible to purchase a home following a Chapter 7 or Chapter 13 bankruptcy.
But theres a waiting period before you can take out a mortgage usually at least two years. And lenders will be looking closely at your credit score, credit reports, bankruptcy discharge details, and other factors to ensure you qualify.
Tread carefully after bankruptcy and take steps to improve your credit. With hard work and patience, youll eventually be able to get a home loan.
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Not Sure Where To Start
If your bankruptcy has been discharged and you’re not sure where to go to start your financing journey, the good news is you don’t have to do the searching we can do it for you. We know that not all lenders are able to handle open bankruptcies, and that’s where The Car Connection helps.
With our simple auto loan request form, and our nationwide network of dealerships, we want to connect you to a local dealer that can help you, even if you’ve dealt with bankruptcy.
Getting Help Moving Forward
Now, as we mentioned earlier, its important to remember that the specific circumstances around bankruptcy will vary from person to person, or case to case. Remember, as well, that bankruptcy may have other effects that may impact your ability to purchase a home, and it may take some time to rebuild your credit, replenish your savings, and fully restart your financial life after bankruptcy.
Similarly, its important to realize that the bankruptcy process can be complex and emotionally trying. Bear in mind that what comes immediately before and after bankruptcy can have a huge and lasting impact on your financial future.
While it is not strictly required to bring on an attorney for bankruptcy matters in the state of Illinois, many consumers will find that this process is made easier and, ultimately, more productive and beneficial in the long term with the assistance of an experienced legal professional.
Thats where the Gunderson Law Firm can step in. At Gunderson Law Firm, we strive to protect our clients assets to the full extent allowed by todays laws throughout the complex bankruptcy process, helping them get the debt relief they not only need, but genuinely deserve.
Looking for a second chance? Interested in learning more about bankruptcy and realistic financial planning as a way to leave debt in the past? Drop us a line or give us a call today to get the conversation started.
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Selling A Property After A Bankruptcy Discharge
If youre thinking about selling your house after your debt clearance is granted, here are the answers you were looking for.
The short answer is: Yes, you can sell your house after a bankruptcy discharge. However, the long answer to this question is more complex, and it will require the help of your reliable, experienced attorney.
Discharged bankruptcy doesnt necessarily mean that your case is finalized and closed. Consult with your legal representative to get precise information and guidance according to your specific case.
Check Your Credit Report
Lenders look at your credit reporta detailed report of your credit historyto determine your creditworthiness. Although bankruptcy filings can remain on your credit report for up to 10 years, it doesnt mean you have to wait 10 years to get a mortgage.
You can speed up the process by making sure your credit report is accurate and up to date. Its free to check: Every year, you are entitled to one free credit report from each of the big three Equifax, Experian, and TransUnion.
A good strategy is to stagger your requests, so you get a credit report every four months . That way you can monitor your credit report throughout the year. One of the best credit monitoring services could also be useful in this endeavor.
On your credit report, be sure to watch for debts that have already been repaid or discharged. By law a creditor cannot report any debt discharged in bankruptcy as being currently owed, late, outstanding, having a balance due, or converted as some new type of debt . If something like this appears on your credit report, contact the credit agency right away to dispute the mistake and have it corrected.
Other mistakes to look for:
- Information that is not yours due to similar names/addresses or mistaken Social Security numbers
- Incorrect account information due to identity theft
- Information from a former spouse
- Outdated information
- Wrong notations for closed accounts
- Accounts not included in your bankruptcy filing listed as part of it
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How Foreclosure Prolongs A Mortgage Waiting Period
Sometimes a bankruptcy isnt the only financial setback a potential mortgage borrower is dealing with. The bankruptcy may have been preceded by foreclosure on a mortgage.
Having both a foreclosure and bankruptcy may prolong the mortgage process more than just a bankruptcy, and may add other requirements.
The following chart shows the length of time after a foreclosure a potential borrower may apply for a loan:
What Are Va Loans
The VA loan program, administered by the U.S. Department of Veterans Affairs, offers low-cost loans to veterans and active military personnel. Qualified borrowers arent required to make down payments, some of the closing costs are forgiven and borrowers dont have to pay mortgage insurance.
There are several requirements for those who have gone through a bankruptcy if they want to get a VA loan.
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How To Improve Your Chances
To get approved for a mortgage after bankruptcy, you need to demonstrate to lenders that you can manage your finances responsibly.
That will require establishing good credit habits and ensuring that youre not over-utilizing credit, says Puricelli.
To rebuild your credit more quickly, follow these tips provided by Graham:
- Pay all your bills on time and in full
- Check your credit score and three free credit reports often and dispute anything inaccurate
- Dont take on unsecured debt, like personal loans or credit cards, which will most likely come with high interest rates
- Get a secure line of credit or loan that is backed with a deposit you pay beforehand
Having a friend or relative co-sign on new credit lines can also help you qualify more easily and start building new credit.
But this strategy comes with a lot of risk, because the co-signer is agreeing to take over your new debts if you cant pay them. And if the loan goes bad, their credit will take a hit, too.
What Types Of Mortgage Loans Can You Get After Bankruptcy
Technically, you can qualify for any kind of mortgage. As we have shown, some have waiting periods, and some of those waiting periods are longer than others. If you meet that waiting period and believe you qualify, you can apply for any loan.
That being said, FHA Loans may be the most advantageous option. The waiting period is shorter after Chapter 7. After Chapter 13. there is no waiting period after the court discharges or dismisses you.
FHA loans also have lower credit requirements than conventional loans. That matters because Chapter 7 bankruptcy will show on your credit report for 10 years, Chapter 13 for seven. FHA loans can be approved with a credit score as low as 580. A down payment of at least 10% may mean you can qualify with a credit score as low as 500.
To qualify for a conventional loan, your credit must be re-established, which means making timely payments on your court-ordered plan in Chapter 13, and paying bills on time after Chapter 7. Typically a conventional loan will require a minimum credit score of 620.
VA loans are provided to veterans and typically are more lenient when it comes to credit history. A USDA loan is for homes in qualifying rural areas. To qualify, the borrowers income cannot exceed 115% of the median income in the area where the home is being purchased. Generally, USDA loans require a credit score of 640, so boosting that score is important.
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