Last updated September 18, 2026
Short answer
Chapter 13 is the chapter designed to save a home when you are behind. The plan can cure the default over a reasonable time and require ongoing regular payments. Feasibility (income vs. expenses) still has to work. Confirmation is not automatic.
11 U.S.C. § 1322(b)(2) and (b)(5) are the usual home-loan provisions. You generally cannot cram down a purchase-money mortgage on your principal residence the way some car loans can be crammed down. Second mortgages that are wholly unsecured may be treated differently in some cases—that is a valuation fight, not a slogan.
How Brock & Stout can help
We run the numbers on arrears, ongoing payment, and other debts; draft a plan; and represent you at confirmation. We do not guarantee confirmation or that the mortgage servicer will accept a modification in lieu of the plan.
Frequently asked questions
Often that is exactly the use case, if income can support the plan and the stay is in effect. Large arrears plus a high payment can make a plan unfeasible.
Related resources
- Bankruptcy and Foreclosure — Bankruptcy and Foreclosure
A bankruptcy filing generally stays a foreclosure, including many sales that have been scheduled but not yet completed. Chapter 13 is the chapter most often used to catch up mortgage arrears over time. Chapter 7 may delay a sale but does not by itself create a plan to cure the default. Timing is critical.
- Can Bankruptcy Stop Foreclosure? — Can Bankruptcy Stop Foreclosure?
If the foreclosure sale has not been completed, filing usually triggers the automatic stay and stops the sale. If the sale already occurred, bankruptcy rarely unwinds it. Catching up the loan generally requires Chapter 13 or another loss-mitigation path—not Chapter 7 alone.
- Mortgage Arrears in Bankruptcy — Mortgage Arrears in Bankruptcy
Arrears are more than missed principal and interest. Servicers add fees, inspection costs, and escrow shortages. A Chapter 13 plan has to account for the real number, which often appears on a proof of claim after filing.
Facing an urgent debt problem?
Talk with a bankruptcy attorney about garnishment, foreclosure, repossession, or a lawsuit. A consultation can explain options. It does not guarantee a particular result.
This page is general educational information about bankruptcy as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee results. Outcomes depend on individual facts and current federal and state law. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
