QUESTION

Can I change from chapter 13 to 7 and still keep my house and car?

Asked on Mar 23rd, 2012 on Bankruptcy - Mississippi
More details to this question:
I live in Va, while in a chapter13 and delinquent in mortgage, can I convert to a 7 and still keep my house and car?
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5 ANSWERS

Bankruptcy Attorney serving Schenectady, NY
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Yes.
Answered on May 30th, 2013 at 7:34 PM

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Chapter 7 does nothing to help with delinquent mortgage debt.
Answered on Apr 04th, 2012 at 10:42 AM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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Secured creditors can ultimately repossess or foreclose if the debt's not paid. Chapter 13 provides the framework for catching up on arrears and keeping property that you could otherwise not afford; in chapter 7, you're on your own in negotiating the delinquency; pursuant to termination of the automatic stay, there's no bankruptcy protection: you have to pay the debt. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Mar 29th, 2012 at 1:30 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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You should consult with your bankruptcy attorney about the specifics of your situation. What assets you will be able to retain in a Chapter 7 will depend largely on your overall assets, including income. There may be state exemptions which are more generous in these areas than federal exemptions. It is possible to keep these assets depending on the equity you have in them and your ability to continue to pay any loans on them.
Answered on Mar 29th, 2012 at 12:35 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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As long as your creditors agree and you ca nmake the payments, otherwise no.
Answered on Mar 29th, 2012 at 12:33 PM

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