New Federal Loan Modification Rules To Now Work With Chapter 13 Bankruptcy Laws

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The deadline for creditors to file a proof of claim was revised in an amendment to Federal Rules of bankruptcy procedure 3002. The new deadline will affect bankruptcies filed under Chapter 7, in which debtors liquidate assets; Chapter 12, which enables family farmers and fishermen to restructure their finances; and chapter 13. previously creditors had 90 days after an initial meeting of creditors was held.

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Impact of Post-Bankruptcy Loan Modification Since the Bankruptcy discharge eliminated the borrowers "obligations" under the Note, there is no obligation left to modify. If, however, the borrower and lender enter a Modification Agreement, the terms would likely express either a reaffirmation of the debt or, alternatively, a new promise to pay.

Although bankruptcy is not always the best answer to your student loan problems, in some situations Chapter 13 bankruptcy can help. If your loans are in default and you cannot rehabilitate your loans and get on an income based repayment plan (perhaps because of your other expenses), Chapter 13 bankruptcy may help relieve some financial pressure and get you back on track.

Debtors can arrange to make up delinquent payments over time, but under Chapter 13 rules, all new mortgage payments from the time of filing must be made on time. The debtor also must work with a mediator, or trustee, who distributes payments to the creditors.

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Can You Apply for a Loan Modification After Bankruptcy? While personal bankruptcy is a powerful tool that can relieve tremendous financial pressure, it is not without its drawbacks. Regardless, it is often the best available solution for folks who can’t work their way out of debt by other means.

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