Has the thought, “Does filing for Chapter 13 bankruptcy hurt my credit?” crossed your mind? If you’re struggling with debt, it’s a common concern. We’re often approached by worried homeowners who fear the impact of bankruptcy on their financial well-being.
But what if there’s an alternative that can save your credit and your peace of mind? This comprehensive guide offers insights and answers to help you navigate the tough decisions ahead.
Can Filing for Chapter 13 Bankruptcy Really “Ruin My Life”?
We’ve all heard the Chapter 13 horror stories, tales of endless debt and lost homes. But remember, these are the exceptions, not the rule. Filing for bankruptcy is a serious step, and while it may feel like it’s upended your life, it can be a chance to reset.
BUT at JVM Lending, we want to help you avoid Chapter 13 altogether, and we love championing all of the success stories we’ve been part of – where we helped borrowers on the verge of filing for Chapter 13 protection entirely avoid doing so! Our assistance both saved their credit and put them back on sound financial footing.
How Do Bankruptcy and Refinancing Work Together?
While there are options to refinance if you’ve already filed for bankruptcy, this blog is about avoiding Chapter 13 bankruptcy. If you have equity in your home, like in the example provided below, refinancing could be the lifeline you need. By tapping into your home’s equity, you could pay off debts and avoid the bankruptcy route. Based on your specific situation, we have many ways to help you refinance and avoid bankruptcy.
Turning Equity into Hope: Mike’s Journey Away from Bankruptcy
Our lending team worked with Mike, who was entangled in a dire financial situation with $185,000 of growing credit card debt due to a failed side business. He was on the brink of filing for bankruptcy, a path fraught with long-term credit implications.
Upon review, we discovered Mike had substantial home equity—$275,000 to be precise. Despite a compromised credit score of around 600, this equity positioned him for a viable refinancing option. We facilitated a strategic FHA cash-out refinance, enabling Mike to use of his home’s equity to pay all of his debts.
By implementing this plan, we were able to reduce Mike’s monthly financial obligations by over $5,000. This significant decrease not only alleviated his enormous financial stress but it also set the stage for a significant improvement to his credit. In the year following Mike’s refinance, we tracked his credit closely – and watched his score climb back up into the high 700s! We were then able to refinance Mike again into a much lower rate.
The success of this refinancing strategy underscores the importance of our role in exploring all financial avenues. For clients like Mike, leveraging home equity proved a potent alternative to the lasting repercussions of bankruptcy.
How Does Chapter 13 Bankruptcy Differ from Chapter 7?
The difference between Chapter 7 and Chapter 13 bankruptcy is more than just numbers. Chapter 7 is a liquidation bankruptcy, while Chapter 13 involves a repayment plan. Knowing which one is right for you is essential.
Chapter 13 Bankruptcy
A Chapter 13 bankruptcy is also known as a “Wager Earners Plan.” These are plans where borrowers pay off all or a portion of their consumer debts over a three-to-five-year period. Lenders look more favorably on Chapter 13 bankruptcies in general because they indicate a borrower’s willingness to pay off all of his debt.
Chapter 7 Bankruptcy
A Chapter 7 bankruptcy is a “debt liquidation” bankruptcy – whereby all debts are effectively wiped out and there is no repayment plan. The court takes legal control over a bankrupt estate and sells off non-exempt properties and passes the proceeds to creditors. Please note though that most borrowers/debtors do not lose their homes – particularly if they are current or close to current with their mortgage payments.
What Happens to My Credit Score After Filing for Chapter 13 Bankruptcy?
A bankruptcy filing has a severe impact on a borrower’s credit. Not only will it lower a borrower’s credit score, but it will prevent borrowers from getting any type of mortgage in most cases from anywhere from one to seven years!
The exception would be when borrowers have substantial equity – of approximately 35% or more. In those cases, borrowers can obtain mortgages, irrespective of credit quality. Please note though that mortgages for borrowers with poor credit and a recent bankruptcy have much higher rates and fees than mortgages for borrowers with good or even adequate credit.
Long story short: borrowers should avoid filing for Chapter 13 or Chapter 7 bankruptcy protection if at all possible. If borrowers have substantial equity, they should refinance instead of filing for bankruptcy protection.
Will I Lose My House If I File for Chapter 13 Bankruptcy?
One of the most pressing concerns is whether you’ll lose your home. “Will I lose my house if I file Chapter 13?” The answer is generally no – in most cases. Most Chapter 13 bankruptcy plans are designed to protect your primary residence. As long you are current with your mortgage payments or only slightly behind, you do not have to sell or lose your home.
What If My Chapter 13 Bankruptcy Gets Dismissed?
If your Chapter 13 bankruptcy is dismissed, it’s crucial to promptly reassess your financial strategy. Dismissal might occur due to issues like missed payments or income changes. Post-dismissal, you will want to explore options like case reinstatement, conversion to Chapter 7, or direct negotiations for more favorable repayment terms.
Renegotiating debt or pursuing debt consolidation can be effective alternatives, potentially lowering monthly payments. You will also want to focus on rebuilding credit, providing guidance on responsible credit use and timely bill payments to help restore your financial health.
Frequently Asked Questions
What is a Chapter 13 payment plan example?
In a Chapter 13 bankruptcy, the debtor proposes a plan to repay debts over 3 to 5 years, based on their income and expenses. For example:
- Monthly Income: $4,500
- Living Expenses: $2,500
- Disposable Income for Debt Repayment: $2,000
From this disposable income, a structured plan might allocate:
- $500 for priority debts like taxes.
- $700 for secured debts, ensuring assets like cars are retained.
- $300 for unsecured debts, such as credit card bills.
This setup balances essential living costs, debt obligations, and maintains a basic living standard, with the goal of gradually eliminating debt.
What is the minimum credit score I need to refinance instead of filing for Chapter 13 bankruptcy protection?
It depends on your circumstances. You can obtain a cash out FHA loan with scores as low as 580, and even lower in some cases if there are compensating factors, such as substantial equity or low debt ratios. If, however, you have substantial equity (35% to 40% after you take cash out), you can possibly refinance no matter how low your score is.
How much equity do I need to refinance instead of filing for Chapter 13 bankruptcy protection?
If your credit score is 580 or higher and you have sufficient income, you can get a cash out FHA loan up to an 80% loan-to-value ratio, meaning you only need a 20% equity cushion. If you have difficulty verifying sufficient income or a poor credit rating, you will only be able to pull cash out up to a 60% to 65% loan-to-value ratio.
Who can help me file for Chapter 13 bankruptcy with no money?
The question of “How to file Chapter 13 with no money?” is more common than you think. If you’re tight on funds, finding a bankruptcy attorney or trustee willing to work with you is crucial. Many are open to payment plans, recognizing the tough spot you’re in. At JVM Lending, we’re connected with many compassionate professionals who can guide you, even when funds are low. Contact us for a referral.
What are some tips and tricks to navigate bankruptcy?
Looking for Chapter 13 tips and tricks? There are many ways to make the bankruptcy process smoother. From staying organized with your documents to understanding the ins and outs of bankruptcy law, there’s a lot you can do. At JVM, we’re happy to share additional tips, but more importantly, we like to help borrowers like you avoid bankruptcy altogether.
How do I find Chapter 13 bankruptcy lawyers near me?
When you’re looking for a Chapter 13 bankruptcy lawyer, it’s crucial to find someone knowledgeable and local. Just search “Chapter 13 bankruptcy lawyers near me” and you’ll find a list of qualified attorneys. But before you start searching, we recommend asking for personal referrals first. At JVM Lending, we’ve built strong relationships with some of the most reputable bankruptcy attorneys in various states, from Florida to California, and we’re happy to connect you with them.
Conclusion: Is Bankruptcy My Only Option?
Bankruptcy often seems like the only path out of debt, but it’s not your sole choice, especially if you have equity in your home. JVM Lending provides alternatives like cash-out refinancing that could bypass bankruptcy altogether. Remember, the goal isn’t just to survive this financial hurdle – it’s to thrive beyond it.
At JVM Lending, we’re not just bankruptcy refinancing experts – we’re advocates for your financial recovery. We believe in creating success stories out of tough situations. If you’re facing the possibility of Chapter 13 or Chapter 7 bankruptcy and want to explore your options, reach out to us at (855) 855-4491 or contact us online here.
