Whilst filing for bankruptcy still has a stigma attached, it can help a homeowner to avoid foreclosure. Whilst it can take as long as 6 months to repossess a home in California due to the involved legal proceedings, the process takes as little as 30 days in Texas. This doesn't give a homeowner long to negotiate a loan modification, whereas chapter 7 bankruptcy can stop foreclosure, debt collection activity and clear debt in just 4 to 6 months. This will alleviate financial difficulties considerably.

Filing for Bankruptcy Requires a Credit Counseling Session

The bankruptcy laws were amended in October 2005 which means that the insolvent must now undergo credit counseling from a non-profit agency approved by the Justice Department's U.S. Trustee Program. A fee of up to $50 can be charged for this service, but it is a small price to pay to avoid foreclosure. It does mean that a homeowner will need to act quickly in a non-judicial state, such as Texas.


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