QUESTION
Can I file a chapter 13 to save my home from being sold at auction due to delinquent property taxes?
Asked on Apr 21st, 2014 on Bankruptcy - California
13 ANSWERS
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Chapter 13 can be used in that situation. Whether you can do it may depend on other factors such as your income, assets, or other property. See an attorney ASAP.
Answered on Apr 24th, 2014 at 8:49 AM
William Rhymer
Yes! However, the case must be typed and file before the sale.
Answered on Apr 23rd, 2014 at 11:22 AM
A chapter 13 filing will save your house will save your house from a tax sale and afford you an opportunity to repay the delinquent property taxes, in full, through the Chapter 13 Plan. You should discuss this matter with local bankruptcy counsel, as Chapter 13 can be very tricky for the unwary.
Answered on Apr 23rd, 2014 at 10:45 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, a Chapter 13 will stop the auction and give you five years to pay off the delinquent taxes.
Answered on Apr 22nd, 2014 at 8:39 PM
Absolutely, but you will need to use the time in the Chapter 13 to pay off the back taxes. Strategy is very important in Chapter 13, and an experienced Chapter 13 attorney will have some great strategies to help make a Chapter 13 work to accomplish your goals.
Answered on Apr 22nd, 2014 at 8:38 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, as long as you can afford the monthly payments and the plan is overall feasible. Visit with an attorney to start the process moving forward.
Answered on Apr 22nd, 2014 at 8:38 PM
A chapter 13 filing can postpone a foreclosure, but you must propose a feasible plan to cure the arrearage within 5 years or the case will be dismissed. It could be an expensive proposition, however, so be sure to investigate all available tax deferral or forgiveness programs before attempting a Chapter 13.
Answered on Apr 22nd, 2014 at 2:54 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Yes provided that you meet the requirements to be able to file chapter 13 and there are a number of them. For example: you must have regular income, your debt does not exceed the debt limits of chapter 13, you can afford to bring the property taxes current with interest over a maximum period of 5 years while remaining current on the mortgage, etc. If this is your primary residence and you have a second mortgage and the property is worth less than the balance on the first mortgage you may even be able to get rid of the 100% unsecured second mortgage through something called a lien strip. Statistically, filing chapter 13 on your own without an attorney you can expect a success a rate of about 1% so research a local bankruptcy attorney with chapter 13 experience and discuss with them your situation to get an evaluation and determine if and how this option will help you.
Answered on Apr 22nd, 2014 at 11:17 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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The short answer to your question is: Yes. The long answer is: that while you can stop the sale, you have to be able to afford your house and you will need to be able to pay the taxes over the term of your plan. Otherwise, you will eventually lose the house.
Answered on Apr 22nd, 2014 at 11:17 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Most likely you can. See a lawyer, and good luck.
Answered on Apr 22nd, 2014 at 11:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, see an attorney, it depends on what stage the proceeds is in.
Answered on Apr 22nd, 2014 at 11:16 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, in NJ that is a viable alternative but you will still have to pay the interest. The Filing of the Bankruptcy will stop the sale.
Answered on Apr 22nd, 2014 at 11:15 AM
Yes, you can catch up on the back taxes in Chapter 13 and keep your home. The downside is the county can charge you ridiculous interest and there are the Trustee fees on top of that.
Answered on Apr 22nd, 2014 at 11:14 AM