Which bankruptcy chapter stops foreclosure and lets me keep my house?

Chapter 13 is the option built for catching up on mortgage arrears over a repayment plan while keeping the home. Chapter 7 provides a temporary stay but does not offer a way to cure the arrears.

Will Chapter 7 delay my foreclosure at all?

It can pause the sale temporarily through the automatic stay, but the delay is usually shorter than in Chapter 13 since there's no repayment plan protecting the house long-term.

Do I need a different attorney for Chapter 13 versus Chapter 7?

Many bankruptcy attorneys handle both, but ask specifically about their experience with mortgage arrears and lender objections in Chapter 13 cases if keeping the house is your goal.

Chapter 13 vs Chapter 7 when you are behind on your mortgage

Homeowners behind on mortgage payments often assume any bankruptcy filing solves the problem, but Chapter 7 and Chapter 13 work very differently once a house is involved. Chapter 7 can discharge unsecured debt and buy some breathing room through the automatic stay, but it does not create a way to catch up on missed mortgage payments. If you want to keep the house, Chapter 7 alone usually is not the tool.

Chapter 13 is built for exactly this situation: it lets a homeowner propose a repayment plan, typically over three to five years, that catches up on mortgage arrears while keeping the loan in place. That makes it the more common route for someone trying to hold onto a property in foreclosure, while Chapter 7 tends to fit people who have already decided to give up the house or who need to clear other debt first.

Because the right choice depends on income, how far behind the mortgage is, and what other debts are involved, this is a case-by-case decision. An attorney handling either chapter will need pay stubs, a list of debts, and recent mortgage statements to map out which path actually fits.

What it costs

Chapter 13 filings generally cost more upfront than Chapter 7 because of the ongoing plan administration and court appearances over several years, while Chapter 7 fees tend to be a single flat rate for a shorter process. Fees can sometimes be rolled into a Chapter 13 repayment plan rather than paid entirely upfront. Ask how court filing fees and the trustee fee are handled separately from attorney fees.

Top 3 by our score

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

1. Caplan Bankruptcy
4.9★ · 167 reviews

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2. Benenati Law Firm
4.9★ · 1144 reviews

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3. Tejes Law, PLLC
4.9★ · 311 reviews

93

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FAQ

Which bankruptcy chapter stops foreclosure and lets me keep my house?: Chapter 13 is the option built for catching up on mortgage arrears over a repayment plan while keeping the home. Chapter 7 provides a temporary stay but does not offer a way to cure the arrears.
Will Chapter 7 delay my foreclosure at all?: It can pause the sale temporarily through the automatic stay, but the delay is usually shorter than in Chapter 13 since there's no repayment plan protecting the house long-term.
Do I need a different attorney for Chapter 13 versus Chapter 7?: Many bankruptcy attorneys handle both, but ask specifically about their experience with mortgage arrears and lender objections in Chapter 13 cases if keeping the house is your goal.

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