Is a Loan Modification More Effective than Bankruptcy?

TRI Writer • September 24, 2020

Are you past due on your loans? Are you facing foreclosure? Countless homeowners experience similar situations every day. When you’re looking for options that can help you out of an impossible financial situation, you’ll probably eventually end up trying to figure out which is more effective – loan modification or bankruptcy? 

What is a Loan Modification?

When reality hits and there aren’t a lot of great options, homeowners can feel hopeless. They search for a solution that will get them out of their current financial trouble but fear the harm any solution may do to their financial future. One standard option that homeowners in financial trouble consider is a loan modification. A loan modification allows past due homeowners to modify their monthly payment amount, so it is in a more affordable range for their current situation. Some loan modifications add past due payments to the tail end of the loan. The danger is frequently at the end of the modification term there is a quite large balloon payment due!

The Trouble with Loan Modification for Homeowners:

When it comes to loan modifications, not every homeowner or property will qualify. Some loan modifications are through government-managed programs that carry specific eligibility guidelines. Other loan modifications are offered through private lenders who have their internal requirements and guidelines for eligibility. In some cases, internal guidelines and requirements may not be applied consistently from case to case and borrower to borrower. Additionally, investment properties may be ineligible for a loan modification since many mortgage loan modification programs only offer their protection to personal residences.

For most mortgage loan modification applicants, the process is long and complicated. Many applicants may not know if they qualify or not for months, which means months of additional past due payments. This situation may lead homeowners directly into a foreclosure, which is exactly what they were attempting to avoid. Many homeowners that come away with Loan modifications do not understand the fine print and may have created a time bomb to explode in the distant future.

Considering the Bankruptcy Alternative:

Chapter 13 bankruptcy is an excellent alternative to mortgage loan modification. Filing Chapter 13 bankruptcy when past due on your mortgage has several benefits:

  • The ability to save both residential and investment properties.
  • A pre-determined monthly payment plan allows homeowners to “catch up” on past due amounts over either 3 or 5 years.
  • The possibility of eliminating any undersecured second mortgages on residential property.
  • The ability to prioritize mortgage payments while catching up on the past due balance, and simultaneously eliminating any unsecured debts. Eliminating additional unsecured debts can free up the homeowner’s budget significantly.

If you have questions about how bankruptcy can help homeowners behind on their mortgage, we can help. Find out how to get a fresh start by filing bankruptcy. Get in touch with Ken Rannick at Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney as soon as possible.

A statue of justice is sitting on a wooden table.
March 20, 2025
Struggling with debt? Learn seven key signs that it might be time to consider bankruptcy. Kenneth C. Rannick P.C. offers legal guidance to individuals in Chattanooga ready for a financial fresh start.
February 17, 2025
Can I Keep My Car If I File for Chapter 7 Bankruptcy in Tennessee?
February 1, 2025
What Are My Options If I Am Drowning in Credit Card Debt in Tennessee?
November 21, 2024
What Are the Documents Required to Apply for Chapter 7 Bankruptcy in Tennessee?
October 29, 2024
What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Tennessee?
June 24, 2024
Understanding Chapter 7 Bankruptcy Qualifications
April 5, 2024
Understanding the Role of the Trustee in Chapter 13 Bankruptcy
March 27, 2024
Understanding which Debts can be Discharged in Chapter 7 Bankruptcy
February 19, 2024
Protecting Your Assets in Chapter 7 Bankruptcy
January 30, 2024
Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
More Posts
Share by: