QUESTION

Can I file bankruptcy and keep my house And car

Asked on Mar 13th, 2013 on Bankruptcy - Tennessee
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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It depends on two things. 1. Are you filing Chapter 7 or Chapter 13 bankruptcy? 2. Are you behind on any payments for your home or car? In Chapter 13 Bankruptcy you don't lose any of your assets, instead of liquidation of assets, you have a Structured Repayment Plan. In Chapter 7 Bankruptcy, you may "Reaffirm" your debt, with a Reaffirmation Agreement, which basically tells the creditor and bankruptcy court, that you will NOT discharge this debt and that you reaffirm it is still valid. The two problems that could occur are: 1. If you are behind on payments, you cannot reaffirm debt, 2. the Bankruptcy Court may determine you cannot afford the loan and discharge the debt eitherway and the creditor will be able to repose your car or foreclose on your home.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147
Answered on Mar 14th, 2013 at 3:48 PM

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