I'm sad to inform you that your lawyer seriously lied to you. Chapter 13 bankruptcies last between 3 to 5 years, if you file two years ago that means you are still one year away from completing your plan and if you are two months behind on your mortgage your plan will be dismissed once a chapter 13 bankruptcy has been dismissed by the bankruptcy court, which it will be in this case as you are not making your monthly payment obligations, your case will be dismissed. I have no idea why he would say to you could walk away and have no monetary obligations. Most people use chapter 13 bankruptcy to save a home, which means payments must be made on the mortgage and Andy delinquency payments that are past due. If you are not meeting these obligations and your Chapter 13 case gets dismissed, the automatic stay of the bankruptcy court will and and you will be right back in the same situation you will before you actually file chapter 13 bankruptcy. I have no idea what he would tell you could still live there for 10 years not pay and just walk away with no legal or monetary obligations. Unless you are going to discharge the home in the chapter 13 bankruptcy, which is very unlikely, you will be in the same position as before you filed.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Mar 19th, 2014 at 10:00 AM