QUESTION

Can I walk awat without any obligations to my house if filed in bankruptcy 2 years ago?

Asked on Mar 19th, 2014 on Bankruptcy - Florida
More details to this question:
My wife and I filed chpt 13 bankruptcy in Holiday, Fla, we included our house in the bankruptcy and remained living there and making monthly mortgage payments. The house is worth about 45,000 with a 92,000 mortgage. Our lawyers at the time told us we could literally leave anytime and there would be no legal monetary obligation since the house was in the bankruptcy. I am now 2 months behind and want to leave. Are we obligated to anything monetarily to the mortgage company like late fees, eviction processing or anything? Our lawyers kept emphasizing this saying we could live here for 10 years and still be able to walk away without any legal or monetary obligations. Just want to verify if this is true. Are there any loopholes that could creep up?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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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. 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 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

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