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HomeResources › How to Stop Foreclosure With Chapter 13 Bankruptcy

How to Stop Foreclosure With Chapter 13 Bankruptcy

Reviewed by Alex Ranjha, JD/MBA, Chicago bankruptcy attorney · Updated July 2026

Filing Chapter 13 triggers an automatic stay that stops a foreclosure immediately, and it lets you catch up on missed mortgage payments (the arrears) over a 3-to-5-year repayment plan — so you can keep your home while you get back on track.

How Chapter 13 saves your home

When you fall behind on your mortgage, the lender can move to foreclose. Filing Chapter 13 does two things:

  1. Stops the foreclosure now. The automatic stay halts the foreclosure the moment you file.
  2. Spreads out the past-due amount. Your missed payments (arrears) are folded into a court-approved repayment plan and paid over three to five years, while you resume your regular monthly mortgage payments.

As long as you keep up with the plan and your ongoing mortgage payments, you keep your home.

Chapter 13 vs. Chapter 7 for foreclosure

Chapter 7 can pause a foreclosure temporarily, but it does not provide a mechanism to cure the arrears, so it is usually not a long-term foreclosure solution. Chapter 13 is the tool designed to let homeowners catch up and stay.

Act before the sale date

Timing matters. The earlier you speak with a bankruptcy attorney, the more options you have. If a foreclosure sale is scheduled, contact us right away so we can determine whether an emergency filing can protect your home.

Frequently Asked Questions

Can I really keep my house in Chapter 13?

Yes, in most cases, as long as you can afford your ongoing mortgage payment plus the plan payment that catches up the arrears. We review your budget with you to confirm it is workable.

What if my foreclosure sale is in a few days?

An emergency Chapter 13 filing can stop a sale, but it must be filed before the sale occurs. Contact a bankruptcy attorney immediately if you are close to a sale date.

Does Chapter 13 lower my mortgage payment?

Chapter 13 does not reduce your regular mortgage payment, but it can stop foreclosure, spread out the past-due balance, and in some cases strip a wholly unsecured second mortgage. We explain what applies to your case.

Talk to a Chicago Bankruptcy Attorney — Free

Attorney Alex Ranjha (JD/MBA) offers a free, confidential consultation. Flexible payment plans. Se Habla Español.

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Sources: U.S. Courts — Chapter 13 · CFPB — Foreclosure
This article is general information, not legal advice. Laws and figures change; consult an attorney about your situation.