QUESTION

Can I file for ch. 13.? On social security only owe mortgage + debt. Can I choose to file or must I have an excruciating amount of crushing debt?

Asked on Jun 09th, 2020 on Bankruptcy - Texas
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On social security only owe mortgage (tx. home) + debt. Can I choose to file or must I have an excruciating amount of crushing debt?
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1 ANSWER

Min Gyu (Peter) Kim
Good morning   Yes, you can file a chp13 bankruptcy with your only income being Social Security. However, the important question to ask is if chp 13 or chp7 would be best for you. If your current on your mortgage payments, then you could file a chp7 to eliminate your unsecured debts (ie credit card, loans, etc)  If your behind on your mortgage, the  chp13 would be the type of bankrutpcy that you would be looking into. In a chp13, you will make the ongoing mortgage plus the mortgage arrears to get yourself current. All your unsecured debts would still be wiped away. The chp13 is a 3-5 year plan where the mortgage arrears would be divided by the 3 or up to 5 years period of time.  I apologize for the general response, but if you want more specific answers, please feel free to contact me if you reside in or around the Houston area (since we only practice in the Houston area) Peter Kim, Attorney
Answered on Jun 15th, 2020 at 8:03 AM

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