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The impact of bankruptcy on a HELOC depends on the type of bankruptcy filing (Chapter 7 vs. Chapter 13). In both types of bankruptcy, staying current on HELOC payments is necessary to keep your home.
Long repayment period: Chapter 13 typically requires a three- to five-year repayment plan, which can be a lengthy commitment compared to Chapter 7, where debts are usually discharged in a few months.
2. You must have an acceptable debt-to-income (DTI) ratio. Your DTI includes all your debt, such as credit cards, auto loans, student loans, and mortgages.
However, because the collateral of a HELOC is the home, failure to repay the loan or meet loan requirements may result in foreclosure. As a result, lenders generally require that the borrower maintain a certain level of equity in the home as a condition of providing a home equity line, usually a minimum of 15-20%. [3]
The disadvantage of filing for personal bankruptcy is that, under the Fair Credit Reporting Act, a record of this stays on the individual's credit report for up to 7 years (up to 10 years for Chapter 7); [5] still, it is possible to obtain new debt or credit (cards, auto, or consumer loans) after only 12–24 months, and a new FHA mortgage loan just 25 months after discharge, and Fannie Mae ...
To get debts discharged through Chapter 13, you must wait four years after filing a Chapter 7 bankruptcy. You can file for Chapter 13 before four years if no debts were discharged in the Chapter 7 ...
Chapter 7. Chapter 13. Conventional. 4 years. 2 years after discharge or 4 years after dismissal. FHA. 2 years. 1 year. VA. 2 years. 1 year. USDA. 3 years. 1 year
I briefly scanned the source that was cited for the bankruptcy filing statistics in 2003 and 2004. Although the source does use the term Business filing and lists the quoted numbers for Chapter 13 business debtors, the fact is that businesses are not eligible to file for bankruptcy protection under Chapter 13. Chapter 13 is solely for individuals.
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