Hagerstown, MD Foreclosure Defense Lawyer

Supportive Foreclosure Defense Attorney for Clients in Hagerstown

If your home is at risk of foreclosure, you may be understandably panicked. However, do not assume that you are out of options. Depending on your circumstances, a petition for bankruptcy could help you keep your house. A Hagerstown, MD foreclosure defense attorney can help you file a petition with the bankruptcy courts and advocate for your rights as a homeowner.

At The Law Office of Donald L. Bell, we are well versed in bankruptcy law and foreclosure defense. As a former U.S. Marine, Attorney Donald Bell is committed to the principles of honor, courage, and commitment, which is reflected in his service to his clients.

Is Bankruptcy Worth Considering During Foreclosure?

When foreclosure is on the horizon, bankruptcy may be one of the few legal options that can interrupt the process and create space to find a solution. Two chapters are most relevant for homeowners in this situation, known as Chapter 7 and Chapter 13. Understanding the difference between them matters before deciding which path, if either, makes sense for you.

Chapter 7 is a liquidation bankruptcy. It can discharge unsecured debts quickly, often within a few months, which may relieve financial pressure. However, it does not give you a mechanism to catch up on missed mortgage payments. If you are behind on your mortgage and your primary goal is to save your home, Chapter 7 is generally not the right tool. It may delay foreclosure temporarily, but it does not resolve the underlying arrears.

Chapter 13 is a reorganization bankruptcy. It allows you to propose a repayment plan lasting three to five years, during which you can pay back your mortgage arrears while keeping your home. For homeowners with a steady income who have fallen behind due to a temporary hardship, Chapter 13 can be a meaningful path forward. The right choice depends on your income, the amount past due, your other debts, and your long-term goals for the property.

The Protections Included in an Automatic Stay

One of the most immediate effects of filing for bankruptcy is the automatic stay. The moment your petition is filed with the court, the automatic stay goes into effect and halts most collection actions against you. For a homeowner facing foreclosure, this means the scheduled sale of your home must stop, at least temporarily.

The automatic stay also pauses wage garnishments, repossessions, utility shutoffs, and creditor collection calls. It creates a window of time during which you and your attorney can assess your situation, prepare your repayment plan, and address the issues that led to the foreclosure in the first place.

It is worth noting that the automatic stay is not always permanent. A creditor can ask the court to lift the stay under certain circumstances, and repeat bankruptcy filings within a short period can limit how long the stay remains in effect.

Can You Modify Your Mortgage During a Chapter 13 Bankruptcy?

Mortgage modification and Chapter 13 bankruptcy are not mutually exclusive, and in some cases they can work together. While Chapter 13 does not allow you to modify the terms of a mortgage secured by your primary residence through the bankruptcy plan itself, you may still pursue a loan modification directly with your lender during the bankruptcy process.

Some homeowners use the structure of Chapter 13 as leverage in modification negotiations, since lenders are aware that the borrower has the court's oversight and a formal repayment framework in place. If a modification is approved, it can be incorporated into the ongoing plan.

Meet With a Hagerstown, Maryland Foreclosure Defense Attorney

If you are facing foreclosure and want to understand whether bankruptcy could help, time is of the essence. Call 301-614-0535 or contact our Hagerstown, MD foreclosure defense lawyer at The Law Office of Donald L. Bell to schedule a consultation. We offer free consults in consumer cases.