Will Chapter 7 save my house from foreclosure?

Chapter 7 can delay a foreclosure through the automatic stay, but it doesn't resolve missed mortgage payments, so the lender can typically resume foreclosure once the stay lifts unless arrears are paid another way.

How does Chapter 13 let me keep my home?

Chapter 13 lets you roll past-due mortgage payments into a court-approved repayment plan over three to five years while you stay current on new payments going forward.

Can I switch from Chapter 7 to Chapter 13 mid-case?

In some circumstances a case can be converted between chapters, but this depends on eligibility rules and timing, so it's worth raising with an attorney early rather than after a Chapter 7 case is filed.

Chapter 7 vs Chapter 13 when you're behind on your mortgage

Homeowners behind on payments often assume any bankruptcy filing stops foreclosure the same way, but Chapter 7 and Chapter 13 do very different jobs. Chapter 7 pauses collection through the automatic stay and discharges unsecured debt, but it does not erase mortgage arrears, so foreclosure can resume once the case closes unless the debt is otherwise resolved. Chapter 13 sets up a repayment plan, typically over three to five years, that lets a homeowner catch up on missed mortgage payments while keeping the house.

An attorney handling this decision will look at income stability, how far behind the payments are, and whether the goal is to keep the home or simply exit debt cleanly. Some firms file both chapter types regularly and can walk through which one actually fits the numbers rather than the more commonly advertised option.

Review of income and expenses to see which chapter qualifies
Explanation of how each chapter affects the mortgage arrears specifically
Coordination with loan servicers during a Chapter 13 repayment plan
Guidance on timing a filing relative to a scheduled sale date

What it costs

Chapter 13 filings generally cost more upfront than Chapter 7 because of the ongoing plan administration and trustee involvement over several years. Chapter 7 fees are usually a single flat cost tied to the filing itself. Court filing fees are separate from attorney fees in both cases, and means testing may affect which option is even available.

Top 3 by our score

Ranked from our published scoring of public Google reviews for bankruptcy (chapter 7 & 13).

1. Declercq Law Firm PLLC
5.0★ · 184 reviews

94
2. LAW OFFICE OF MARK N. GLYPTIS
5.0★ · 7 reviews

76
3. The Law Offices of Nicole Bernard-Povio, LLC
4.9★ · 73 reviews

88

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FAQ

Will Chapter 7 save my house from foreclosure?: Chapter 7 can delay a foreclosure through the automatic stay, but it doesn't resolve missed mortgage payments, so the lender can typically resume foreclosure once the stay lifts unless arrears are paid another way.
How does Chapter 13 let me keep my home?: Chapter 13 lets you roll past-due mortgage payments into a court-approved repayment plan over three to five years while you stay current on new payments going forward.
Can I switch from Chapter 7 to Chapter 13 mid-case?: In some circumstances a case can be converted between chapters, but this depends on eligibility rules and timing, so it's worth raising with an attorney early rather than after a Chapter 7 case is filed.

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