Which chapter actually stops a foreclosure sale?

Both can trigger an automatic stay that pauses collection actions including a sale, but Chapter 13 is the one built to let you catch up on missed payments and keep the home over time. Chapter 7 typically only delays things temporarily unless paired with other steps.

Do I have to choose before I talk to an attorney?

No. Most bankruptcy attorneys in this niche will review your income, debts, and mortgage status first and tell you which chapter you likely qualify for and which fits your goal for the house.

Can I switch from Chapter 7 to Chapter 13 mid-case?

Conversion between chapters is sometimes possible depending on your circumstances, but it's a case-specific legal question to raise directly with your attorney rather than something to assume going in.

Chapter 7 vs. chapter 13 bankruptcy for homeowners facing foreclosure

Homeowners searching for bankruptcy help while facing foreclosure usually have one real question before anything else: does this let me keep the house, or does it just clear other debt while the foreclosure continues? Chapter 7 and Chapter 13 answer that question very differently, and the right fit depends on income, how far behind the mortgage is, and whether the goal is to catch up on payments or exit the home on better terms.

Chapter 7 is a liquidation process that can pause a foreclosure temporarily and clear unsecured debt, but it does not generally give you a mechanism to catch up on missed mortgage payments and keep the property long-term. Chapter 13 sets up a repayment plan, typically over several years, that can let you cure a mortgage default over time while staying in the home. An attorney who works both types of cases can tell you early on which path actually fits your situation instead of pushing whichever filing is easier to process.

If keeping the home is the priority, the Chapter 13 conversation usually comes first.
If the goal is debt relief and the home is not realistically affordable, Chapter 7 may be the more honest starting point.
Income and how many months behind you are on the mortgage both affect which chapter you even qualify for.

What it costs

Attorney fees for Chapter 7 and Chapter 13 filings are usually structured differently since Chapter 13 involves ongoing plan administration over multiple years, while Chapter 7 is typically a single flat fee for the filing itself. Court filing fees are separate from attorney fees. Ask upfront which chapter your fee quote assumes, since a Chapter 13 quote and a Chapter 7 quote are not directly comparable.

Top 3 by our score

Ranked from our published scoring of public Google reviews for bankruptcy (chapter 7 & 13).

1. Peter Francis Geraci Law L.L.C.
4.9★ · 576 reviews

92
2. Walton Legal Services
4.9★ · 250 reviews

92
3. Peter Francis Geraci Law L.L.C.
4.9★ · 640 reviews

91

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FAQ

Which chapter actually stops a foreclosure sale?: Both can trigger an automatic stay that pauses collection actions including a sale, but Chapter 13 is the one built to let you catch up on missed payments and keep the home over time. Chapter 7 typically only delays things temporarily unless paired with other steps.
Do I have to choose before I talk to an attorney?: No. Most bankruptcy attorneys in this niche will review your income, debts, and mortgage status first and tell you which chapter you likely qualify for and which fits your goal for the house.
Can I switch from Chapter 7 to Chapter 13 mid-case?: Conversion between chapters is sometimes possible depending on your circumstances, but it's a case-specific legal question to raise directly with your attorney rather than something to assume going in.

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