QUESTION
Can I keep paying for my house if I file Chapter 13?
Asked on Jan 11th, 2012 on Bankruptcy - California
16 ANSWERS
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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The short answer is yes.
Answered on Jun 20th, 2013 at 1:33 AM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes.
Answered on May 30th, 2013 at 10:02 PM
judith runyon
Yes.
Answered on May 30th, 2013 at 9:58 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes.
Answered on May 30th, 2013 at 9:58 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes, you will need to continue to pay in order to keep your house. You will normally do so through your plan.
Answered on Jan 26th, 2012 at 2:47 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Most debtors keep their homes in chapter 13 bankruptcy and even if you are behind in your mortgage payments Chapter 13 bankruptcy often is used to cure a default on a mortgage. If you have equity in your home beyond the applicable homestead exemption, it is possible to keep your home in chapter 13 bankruptcy. Get a free consultation with an experienced local chapter 13 bankruptcy attorney.
Answered on Jan 26th, 2012 at 12:28 PM
Glen Edward Ashman
Possibly. A warning: if you want to have a chapter 13 fail and possibly lose your home, file pro se. If you want to find out how to keep property, get a lawyer. That's your best choice.
Answered on Jan 26th, 2012 at 11:57 AM
You should consult with a bankruptcy attorney to determine if you qualify for a Chapter 13 bankruptcy. Chapter 13 petitions result in a repayment plan. Whether you reaffirm your mortgage will depend on your income, your lender, and your ability to pay the mortgage post-bankruptcy.
Answered on Jan 25th, 2012 at 4:26 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Of course. If you don't pay you will lose the home eventually because the bank will ask the bankruptcy court for permission to foreclose. If giving up the house is what you intend to do, then obviously you should not pay the mortgage and need to state in the plan that you are surrendering the house and giving up the protection of the automatic stay so that the back can foreclose whenever they feel like it. You can stay in the house until the foreclosure sale.
Answered on Jan 25th, 2012 at 4:21 PM
If you file Chapter 13 you better plan on paying for your house. If you do not there will be a Motion by the Mortgage Company for Relief From Stay. You need to make your 13 payments contemporaneously with your Mortgage payments. Don't forget to hire an attorney to file your case. Anyone who has filed their own bankruptcy without council will tell you an experienced bankruptcy attorney is worth their weight in gold.
Answered on Jan 25th, 2012 at 4:06 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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In my jurisdiction, the Austin Div. of the Western District of Texas, you must pay your mortgage through the Ch. 13 trustee IF you were in arrears upon filing; otherwise, you are allowed to pay your mortgage yourself, outside the Ch. 13 plan.
Answered on Jan 25th, 2012 at 4:01 PM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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Yes. That's one of the main purposes of Chapter 13 that allows for debtor's to retain their homes.
Answered on Jan 25th, 2012 at 2:41 PM
Chapter 13 is a repayment plan that allows one with regular income to catch up arrears on secured debts and taxes over time.
Answered on Jan 25th, 2012 at 2:40 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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When you file a chapter 13 plan you indicate what direct secured payments you will be making each month. This is how you indicate that you are continuing to pay for your house.
Answered on Jan 25th, 2012 at 2:24 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes. You can also keep your house in a 7 if you are current.
Answered on Jan 25th, 2012 at 1:54 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Christine A. Wilton
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If you intend to keep your home, then you must make your regular mortgage payments after filing under Chapter 13. Your attorney should advise you in your Chapter 13 case.
Answered on Jan 25th, 2012 at 1:51 PM