Facing foreclosure is frightening — but for many Mississippi families, Chapter 13 bankruptcy Bankrupty Basics article offers a legal path to save their home, regain financial stability, and stop the foreclosure clock from running out. With the help of an experienced Gulf Coast bankruptcy and real estate attorney, you may be able to protect your home and catch up on past-due mortgage payments over time.
At Davis & Davis, PLLC, we help Biloxi and Mississippi Gulf Coast residents understand their options before it’s too late. Here’s how Chapter 13 bankruptcy can stop or delay foreclosure in Mississippi—and how our legal team can help you build a plan to stay in your home.
Yes—if you act before the foreclosure sale is completed.
When you file for Chapter 13 bankruptcy, the court issues an automatic stay that immediately stops most collection actions, including:
This legal pause gives you time to propose a 3- to 5-year repayment plan to catch up on mortgage arrears, while continuing to make your regular monthly payments moving forward.
If the foreclosure sale has already taken place under Mississippi law, Chapter 13 likely cannot reverse it. Timing matters.
The automatic stay is a legal protection that goes into effect the moment your bankruptcy petition is filed. It halts most creditor actions—giving homeowners breathing room to reorganize finances and avoid losing their property.
In a foreclosure situation, it functions like a “pause button” to stop the sale and allow time to propose a workable repayment plan. However, if you’ve had a recently dismissed bankruptcy case, the stay may be shortened or require court approval.
To maximize this protection, it’s critical to file before your home is sold.
If your case is successful, Chapter 13 can delay or fully prevent foreclosure for the entire length of the plan—three to five years. During that time, you pay off your mortgage arrears in monthly installments through the court-approved plan, while continuing your regular mortgage payments.
If you miss payments or don’t comply with the plan, your mortgage lender can request that the court lift the stay and resume foreclosure proceedings. That’s why early legal planning is key—waiting until the last minute leaves fewer options.
While both Chapter 7 and Chapter 13 offer temporary protection through the automatic stay, they differ significantly when it comes to long-term homeownership. According to the Maryland Volunteer Lawyers Service, your choice depends on income, debt type, and whether keeping your home is a top priority.
Chapter 7
Chapter 13
If your goal is to save your home, Chapter 13 is typically the more effective path—especially with help from an attorney who understands both bankruptcy and real estate law.
Do You Need Income to Qualify for Chapter 13 in Mississippi?
How Davis & Davis, PLLC Helps Homeowners Fight Foreclosure
With over 55 years of combined experience, the attorneys at Davis & Davis, PLLC help Gulf Coast homeowners use Chapter 13 bankruptcy proactively—not just in emergencies.
We help clients by:
Foreclosure is rarely an isolated problem. You may also be dealing with credit card debt, medical bills, or unresolved tax issues. We address the full financial picture to give you the strongest possible foundation for long-term recovery.
Can filing Chapter 13 bankruptcy stop a foreclosure in Mississippi?
Yes. Filing before the sale takes place triggers an automatic stay that pauses foreclosure and allows repayment of missed payments over time.
What is the automatic stay and how does it work?
It’s a court order that halts most creditor actions the moment your bankruptcy petition is filed—including foreclosure sales.
How long can Chapter 13 delay a foreclosure?
Potentially for three to five years, provided you make all required payments under the court-approved plan.
What’s the difference between Chapter 7 and Chapter 13 for saving your home?
Chapter 7 offers temporary protection, but doesn’t let you repay arrears. Chapter 13 does—and helps you keep your home.
Do I need income to file Chapter 13 in Mississippi?
Yes. You must have steady income to support your household expenses and your repayment plan.
If you're facing foreclosure on the Mississippi Gulf Coast, Chapter 13 may offer a way to keep your home and restructure your debts—but it requires fast, informed action.
At Davis & Davis, PLLC, we help you explore all available options, file quickly, and build a sustainable repayment plan. We work with you directly, provide honest answers, and help you move forward with clarity and confidence.
Don’t wait until it’s too late. If you’ve received a foreclosure notice or are behind on your mortgage, we’re here to help.
Contact Davis & Davis, PLLC at (228) 275‑9922 or request your FREE consultation online today. We’re ready to step in, protect your rights, and start building your case the right way.
