QUESTION

CAN YOU FILE CHAPER 7 AND KEEP YOUR HOME

Asked on May 15th, 2014 on Bankruptcy - Indiana
More details to this question:
N/A
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The answer to your question is both yes and no. If you are up to date on all payments of your mortgage, then yes you can file for chapter 7 bankruptcy and discharge your unsecured debt and keep your home. If your mortgage is behind on payments and you file for chapter 7 bankruptcy, you will not be able to keep your home. Chapter 7 bankruptcy is meant for discharging debt that you can no longer pay, there is no mechanism for catching up on unsecured or secured debts. Chapter 13 bankruptcy is the preferred form of bankruptcy to use if you would like to save your home. In chapter 13 bankruptcy you can stop a foreclosure, force the bank to work with your mortgage modification in good faith and give you 3 to 5 years to pay back any past-due mortgage payments. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on May 19th, 2014 at 12:40 PM

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