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Bankruptcy Law - Questions & Answers

Will bankruptcy stop a foreclosure proceeding or prevent repossession of my car?

Temporarily, yes. However, the lender is entitled to apply to the court for permission to continue foreclosure proceedings or repossession. This is called requesting relief from the automatic stay. If you file a Chapter 7 case, you may be able to arrange with the creditor to catch up the payments. If you file a Chapter 13 case, the past due payments can be included in the Chapter 13 and paid over time. Often, a Chapter 13 is the better choice for debtors facing foreclosure or repossession.

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