What are the risks of filing for bankruptcy to avoid foreclosure?
Filing for bankruptcy to avoid foreclosure in Texas carries serious risks. First, the most immediate risk is that you may not be successful in filing for bankruptcy and thus not be able to stop your foreclosure. Bankruptcy is a complex process and requires careful planning and filing the right paperwork. It’s possible that the lender may contest your application or the court may reject your petition—either of which would result in your foreclosure proceeding. Second, filing for bankruptcy has long-term ramifications and can negatively affect your credit score for up to ten years. A bad credit score can make it more difficult to secure loans or rent an apartment. Moreover, despite the protections that bankruptcy provides, it does not absolve you of all your debts and you may still be required to repay certain debts such as back taxes or student loans. Third, filing for bankruptcy is expensive. It’s not free and the cost of filing can range from a few hundred to a few thousand dollars. Moreover, you must hire a lawyer to represent you in the proceeding which can cost more. Finally, it’s important to understand that filing for bankruptcy won’t erase all your debt, and you may still be required to make payments on certain debts, such as a mortgage. For all of these reasons, it is important to be aware of the risks associated with filing for bankruptcy when attempting to avoid foreclosure. It is recommended that you speak to a foreclosure defense attorney and understand the full scope of your options before taking action.
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