Should I file Chapter 7 or 13 to prevent an HOA foreclosure?
Chapter 13 bankruptcy can allow a homeowner to force the HOA into a five year payment plan. Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees, regardless if the HOA approves it or not. Chapter 7 may also stop the foreclosure sale but it does not have a payment plan option, unlike Chapter 13.