Cash-Out Refinancing During or After Bankruptcy
A Chapter 13 refinance is one of the most overlooked opportunities in residential mortgage financing - and often the fastest way out of an active bankruptcy repayment plan. If you’re a homeowner in active Chapter 13 bankruptcy, or recently discharged – refinancing with cash out can access your home’s equity. This might be to pay off your plan early, consolidate additional debt, and or pull cash out for needed repairs or other expenses. Many lenders turn these scenarios away. This is the work I specialize in.
I’m Eric Vander Werff, Mortgage Loan Originator – NMLS#107939. I’ve had a career in residential lending for over two decades and more than ten years – focused specifically on homeowners in Chapter 13 bankruptcy. I help borrowers in 24 states, to refinance during and after Chapter 13 bankruptcy - the applications many lenders don’t know how to process. Keep reading for more info or if you want to get started quickly, request a: Chapter 13 Bankruptcy Cash-out Refinance Evaluation.
In many cases, Yes. You can refinance your home while you’re still in an active Chapter 13 bankruptcy repayment plan. It’s not automatic, and it isn’t something every lender knows how to do - but it’s a well-established path for homeowners with equity and on time plan payments.
The key is manual underwriting. Applications with an active Chapter 13 bankruptcy don’t approve inside the automated systems most loan officers rely on. A manually underwritten loan looks at the full picture: your payment history inside the plan, your income, your equity, and your reason for refinancing. In many situations, it turns a “no” from your last lender inquiry into a closing.
Here’s the move many home owners - and even some attorneys - don’t realize is available: a cash-out refinance during Chapter 13 can pull equity out of your home and use it to pay off your remaining plan balance in full. Once the plan is paid, you can pursue an early discharge and put the bankruptcy behind you years ahead of schedule.
For the right homeowner, this is life-changing. Instead of grinding through several more years of plan payments, you use equity you already have to close out the bankruptcy now - often while lowering your monthly housing cost at the same time. It requires bankruptcy court and trustee coordination, which is exactly the kind of complex closing I handle routinely.
If your Chapter 13 has already been discharged, refinancing gets simpler. Depending on the loan type, you may be eligible to refinance very soon after discharge - in some cases almost immediately. Whether your goal is a lower rate, cash out for home improvements or debt consolidation, or moving out of a high-rate loan you took right after filing, there are strong options for recently discharged borrowers.
There’s also an important distinction that trips up a lot of borrowers: a Chapter 13 that was dismissed is treated very differently from one that was discharged. If you’ve been told you don’t qualify, the reason may come down to how your case closed - and it may be more fixable than you were led to believe.
Every file is different, but these are the factors that matter most for a Chapter 13 refinance:
My residential mortgage lending origination focus is built around borrowers in and just out of Chapter 13 bankruptcy, which means:
The right program depends on your situation, your equity, and whether you’re in-plan or discharged:
Can I really refinance while I’m still in Chapter 13? Yes. Meeting manual underwriting guidelines and with court/trustee approval, refinancing during an active Chapter 13 bankruptcy plan is a real, established option.
Will refinancing pay off my Chapter 13 early? A cash-out refinance can pay your remaining plan balance in full, which may allow you to pursue an early discharge. Whether it makes sense depends on your equity and your plan balance - that’s the analysis I’ll run with you.
Does a past bankruptcy mean I can’t qualify? No. A bankruptcy in your history does not automatically disqualify you. What matters is the length of time in the current Chapter 13 bankruptcy plan, payment history, equity, credit, and how your previous case was resolved.
What’s the difference between a dismissed and a discharged Chapter 13? It’s a critical distinction that affects your options and timing. If you’ve been declined, the way your case closed may be the reason - and it’s worth a closer look.
How much equity do I need? Most cash-out refinances allow borrowing up to 80% of your home’s value, with VA cash-out up to 100% for eligible veterans. The difference between your current mortgage(s) and the current home value will determine this.
If you’re in a Chapter 13 plan or recently discharged and want to know your refinance options, let’s talk. I’ll review your situation directly and give you a straight answer - including whether a cash-out refinance is possible now and if it makes sense to get started. If qualifying today is not possible, there could be steps to help your application get approved in the near future. I will be happy to help with a follow up plan.
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My focus is owner-occupied primary residences.
Eric Vander Werff, Loan Officer - NMLS #107939. NEXA Lending, NMLS #1660690. Equal Housing Opportunity, Equal Housing Lender. This is not a commitment to lend or an offer to extend credit. All loans are subject to credit approval, income and asset verification, and property appraisal. Refinancing during an active Chapter 13 bankruptcy typically requires bankruptcy court and or trustee approval. Not all applicants will qualify; terms, programs, and availability vary by state and are subject to change. Consult your bankruptcy attorney regarding the effect of any refinance application on your bankruptcy case.
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