Families in financial distress are under great stress. The telephone rings with repeated calls from debt collectors, each paycheck is at risk of garnishment, and the next knock on the door could be a process server or a repo agent. For many families, the greatest fear is losing their home to foreclosure. A home is not only most families’ largest asset, but also a tangible marker of their financial aspirations and middle class status. A threatened or pending foreclosure can signal the end of a family’s ability to struggle against financial collapse and an unrecoverable tumble down the socioeconomic ladder.
Bankruptcy offers these families one last chance to save their homes. A bankruptcy filing halts a pending foreclosure and gives families the right under federal law to cure any defaults on mortgage loans over a period of years. The bankruptcy system offers refuge from the vagaries of state law foreclosure, substituting the protections of a federal court system and uniform legal rules to ensure that these families get one final opportunity to preserve their homes.