Debtors don't get to pick and choose what goes into a BK.

I do not personally recommend that someone should take an early distribution of their retirement account to pay off debt or to use the funds outside of a retirement account.

Unless you are planning to pursue the debtor personally to collect the debt, I would sell the note if you have an opportunity to do so. 

you will usually split a 50/50 equity deal for newbie investors but as you build your portfolio and experience you can start to weigh that more on your side. go to networking events and look for private money or if you qualify go with agency debt or some other loan product first

Refinance debt or earn more money and cut spending.

Then an Automatic Stay goes into effect that stops the foreclosure without a court OK.Depending on which Chapter of Bakruptcy is filed, the mortgage holder has a few options some as set out above.A sale of the property would have to be reviewed by the court as to price and if it is in the best interest of the "estate" (debtor's bankruptcy)What did you mean by "It sounds like the possibility of getting the property goes down the tubes when either of these bankruptcies are filed. "?

For example, I think we are late cycle, so I lean toward the safest part of capital stack which is debt (or debt free equity).

During this period the debtor must obtain consent by the Trustee to enter into any financial contract that presents a liability or in acquiring any equitable or legal interests in other property.Bottom line, the court will allow the debtor to enter into agreements to expense funds for the necessities of a debtor, leasing a property at fair market rent, buying food, clothing, having a car repair or other costs of living.

I often represent debtors so I would argue that you must file a foreclosure even on rent to own deals.

Additionally, that incorporated US entity could then go out of its way to have zero (or minimal) earnings, either by making additional principal payments on existing debt, or by purchasing additional properties.Once a "beachhead" has been established in the US, it seems wise to use the proceeds from that initial property to reinvest in the local real estate market, thereby side-stepping some of that foreign exchange frictional cost.