After the filing of the bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge.
Virgin Islands Motion in Bankruptcy Court by Mortgagee to Vacate Stay to Permit Foreclosure of Mortgage on Debtor's Real Property
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How to fill out Motion In Bankruptcy Court By Mortgagee To Vacate Stay To Permit Foreclosure Of Mortgage On Debtor's Real Property?
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FAQ
Repossession stays on a credit report longer than missed payments or bankruptcy. A repossession could lead to a severe blow to one's credit score, and it might take a while longer to rebuild it when compared to bankruptcy.
In some cases, filing for bankruptcy can delay a foreclosure or save a debtor's home. When you file for bankruptcy, the court will issue an automatic stay. This order requires creditors to stop trying to collect debts. The order includes a requirement that a mortgage holder cease foreclosure activities.
Impact on credit history - Which is worse? A bankruptcy stays on the individual's credit report for 10 years. A foreclosure will stay on the credit report for 7 years.
Whether you go through foreclosure or through bankruptcy, your credit score will be affected. Foreclosure stays on your credit record for 7 years; bankruptcy for 10. That doesn't necessarily mean that bankruptcy is worse for your credit than foreclosure though.
Once a home is lost to foreclosure, the homeowner's credit score could drop dramatically. ing to FICO, for borrowers with a good credit score, a foreclosure can drop your score by 100 points or more. If your credit score is excellent, a foreclosure could reduce your score by as much as 160 points.