In recent months an increasing number of homeowners have filed for
bankruptcy under Chapter 13, which staves off foreclosure proceedings
while the homeowner works out a plan to pay off mortgage debt and
other obligations over time -- usually three to five years.

To qualify, debtors must have a regular income and must stay current
on their new bills. About four in 10 filers today are filing under
Chapter 13 -- up from three in 10 two years ago. The 2005 change in
bankruptcy laws was designed in part to shift more filers to Chapter
13, which forgives less debt than Chapter 7.

In California, one of the nation's hottest markets during the recent
real-estate boom, the number of nonbusiness Chapter 13 petitions in
the second quarter of the year more than doubled from a year earlier,
according to records compiled by the Administrative Office of the U.S.
Courts in Washington. Over the same period, such filings increased
nearly 40% in the northern district of Illinois, which includes
Chicago, and 70% in Massachusetts.

snip

Of course, there are pitfalls. A Chapter 13 filing stays on a person's
credit file for a decade, wreaking havoc on his or her ability to get
financing. And the repayment plans leave borrowers with little room
for maneuver. Indeed, many Chapter 13 plans fail because of unforeseen
problems such as an illness, job loss or expenses for an emergency
home repair.

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