Can I modify my mortgage with a bankruptcy in Rhode Island?

According to a recent study, the typical Rhode Island house lost 25% of its value last year.  For many homeowners, the only alternative to losing a home to foreclosure may be to modify their mortgage.  Fortunately, current bankruptcy laws allow for many Rhode Island homeowners to dramatically reduce their monthly mortgage payments.

If your house is valued at less than you own on your first mortgage, you may be able to eliminate most of yoursecond mortgage with a bankruptcy (for owners of rental properties or investment real estate, it’s even better: you can often use a RI bankruptcy filing to modify both the first and second mortgage).  This can be done by filing for a Chapter 13 bankruptcy: you eliminate your second mortgage obligation and instead make a series of monthly payments for a limited period of time (between 36 and 60 months, depending on your income).

Given the magnitude of most second mortgages, this approach can result in significant savings. For example, if you have a $40,000 second mortgage, you could potentially eliminate all but $7,200 of your debt in a Chapter 13 bankruptcy.

Will I receive credit card offers after filing bankruptcy?

Many people think they won’t be able to sign up for new credit cards after filing bankruptcy. While all bets are off given the current credit crisis, in recent years the answer to the above question has typically been yes — it was fairly common to hear of clients receiving offers to sign up for credit cards soon after filing.

Why does this happen? It’s because credit card companies know that you won’t be able to file bankruptcy for a number of years, which makes you a relatively good credit risk.

Can you file bankruptcy but keep your car or truck?

Yes, in many cases you can. In Rhode Island, you can keep vehicles you own outright up to $12,000 under the state’s “motor vehicle” exemption. Even if your vehicle is worth more, you could potentially hold on to a vehicle valued up to $17,000 by also claiming the state’s $5,000 “wildcard” exemption.

If a creditor has a secured loan on your vehicle, you can often keep your vehicle through a bankruptcy as well. Debtors can choose to reaffirm an auto loan, and if the car payments continue to be made, the secured creditor would have no reason to repossess the vehicle.

Can filing for Chapter 13 bankruptcy stop home foreclosure in Rhode Island?

Yes — in many cases filing a Chapter 13 bankruptcy can stop a home foreclosure sale from proceeding. Over the years, many Rhode Island homeowners have used this type of bankruptcy filing to prevent foreclosure and allow themselves to get caught up on their mortgage payments and keep their house.

Filing bankruptcy again: How long must I wait?

People sometimes find it necessary to file bankruptcy again. The good news is you can file again; the bad news is you may want to wait a while. Under the new bankruptcy law, you can file a Chapter 7 bankruptcy eight years after you initially filed for Chapter 7 . You must wait four years to file for Chapter 13 bankruptcy again.

You can actually file for Chapter 13 even before the 4 year limit, but in this case you’ll have to pay back 100% of your debt over time. While this might not sound like an appealing option, it may be a useful approach for people attempting to save their home from foreclosure.

Chapter 7 vs. Chapter 13: What’s the difference?

With a Chapter 7 Bankruptcy, many types of debt can be eliminated completely. However, not everyone is eligible to file for Chapter 7 bankruptcy. Multiple factors (such as your income level, family size, medical bills, etc.) determine whether you are eligible for Chapter 7. A Rhode Island attorney experienced with bankruptcy should be able to determine if you’re eligible.

For some people a Chapter 13 Bankruptcy is the best option. People often file for Chapter 13 bankruptcy protection in order to stop foreclosure on their homes. This form of bankruptcy often involves partial repayment of debts over a three- to five-year period.

Since the passage of the new bankruptcy law (the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005), more middle class individuals have been filing for Chapter 13 bankruptcy protection.

Bankruptcy filings on the rise in Rhode Island

After the new bankruptcy law was passed in 2005, the number of bankruptcy filings in Rhode Island declined significantly.

Now the number of bankruptcy filings is rising. In the first quarter of this year 583 Rhode Islanders filed for bankruptcy, according to court records, which is nearly double last year’s filings.

bankruptcy filings are rising

Disclaimer

Please note that Attorney Hathaway was consulted by the writer of this blog, and the information contained herein is believed to be accurate in most cases, but there is no warranty or guarantee of its accuracy. The information provided may not be relevant or accurate in all cases, and should not be considered the legal opinion of, or advice from, an attorney.

RI Bankruptcy Information Center Disclaimer

Please note that Attorney Hathaway was consulted by the writer of this blog, and the information contained herein is believed to be accurate in most cases, but there is no warranty or guarantee of its accuracy. The information provided may not be relevant or accurate in all cases, and should not be considered the legal opinion of, or advice from, an attorney.

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