QUESTION

Can I file for Bankruptcy if I have only past due mortgage payments as my main debt?

Asked on May 31st, 2011 on Bankruptcy - California
More details to this question:
I am trying to save my home but I only have minimal credit card debt and I am trying to file to save my home. I owe 13 payments since the bank stopped taking my payments and it took them 9 months to deny my modification. Is there a minimum that I need to owe in past due mortgage payments and/or debt?
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9 ANSWERS

Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You can file a Chapter 13 case to catch up on your mortgage debt arrearage.
Answered on Jun 03rd, 2011 at 11:17 AM

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Litigation Attorney serving Portland, OR at Daniel G. Hoarfrost
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Yes, you can file for bankruptcy.If mortgage arrears are your major concern, it's necessary to file a Ch 13 payment plan and pay off the missed payments over 3 to 5 years.
Answered on Jun 03rd, 2011 at 11:09 AM

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Spencer Hale
You can file a chapter 13 bankruptcy to save your house. There is not a minimum amount that you need to owe to file a chapter 13. Chapter 13 can be rather complex. You should see a bankruptcy attorney.
Answered on Jun 03rd, 2011 at 10:54 AM

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Bankruptcy Attorney serving Beverly Hills, CA
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Yes, you can file a Chapter 13 bankruptcy to catch up on your mortgage back payments over a five year period, assuming that you meet the debt limit requirements set forth in Section 109 of the bankruptcy code. There is no minimum amount of debt required.
Answered on Jun 03rd, 2011 at 10:53 AM

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A Chapter 13 bankruptcy work for you. There isn't a minimum amount of debt that you need to have in order to file a Chapter 13. During the Chapter 13, which generally lasts between 3 and 5 years, you will have to be able to make your regular mortgage payments and pay an additional monthly payment to the Chapter 13 trustee to "cure" the arrears. You can get a rough estimate how much you will have to pay to the trustee each month if you take the total amount past due on your mortgage, add 10% for the trustee's commission and divide by 60. If you can't afford this payment plus your regular mortgage, then a Chapter 13 isn't going to help you save your house.
Answered on Jun 03rd, 2011 at 10:43 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You can file for bankruptcy protection with only one debt, but if you cannot make the payments on the home, then a chapter 7 will only delay the foreclosure on your home. A chapter 13 may allow you to reduce your payments, but there are no guarantees.
Answered on Jun 03rd, 2011 at 9:24 AM

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Glen Edward Ashman
A Chapter 13 might save your home. You need to get with a lawyer ASAP to see if the numbers work.
Answered on Jun 02nd, 2011 at 11:50 AM

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There is no minimum amount of debt required to file bankruptcy. If the main debt is arrearages on your home a chapter 13 could help you keep the house. A payment plan can be set for a period of 3-5 years. On the other hand, a chapter 7 would not help you retain the home.
Answered on Jun 02nd, 2011 at 11:40 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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You can file a Chapter 13 case and pay the arrearage in the Chapter 13 plan over three to five years. That is probably the most common reason people file Chapter 13 cases. There is no minimum debt for any bankruptcy case but obviously no one should file a bankruptcy case if the person can afford the debt amount. What someone can afford varies because it depends on your income and personal/family obligations. You would need to file the Chapter 13 to bring the mortgage current. You would not be filing just to discharge your credit card debts although those will be discharged also when you complete the Chapter 13 plan and obtain the discharge in three to five years. To qualify for Chapter 13 you will need to prove you have sufficient income to pay the plan payments, the regular mortgage and the living expenses. You need to consult with an experience bankruptcy attorney since Chapter 13 is too complicated to try without expert assistance. Most of the attorney's fee can be paid in the plan.
Answered on Jun 02nd, 2011 at 11:18 AM

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