QUESTION
How can I keep a house after chapter 13 bankruptcy?
Asked on Jul 08th, 2011 on Bankruptcy - Virginia
More details to this question:
My mother passed and her house is in chapter 13. How can I keep her house?
5 ANSWERS
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Keep current on the mortgage.
Answered on Jul 04th, 2013 at 3:07 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Under chapter 13 assets are retained by the debtor. If the debtor dies during the case it will be dismissed and the property will no longer be in the bankruptcy.
Answered on Jul 12th, 2011 at 4:04 AM
2 Awards
The chapter 13 will be dismissed if the Chapter 13 plan payments are not regularly made. Once dismissed, then the issue will pass to California Probate law as determined by the court or a Will or Trust.
Answered on Jul 11th, 2011 at 1:41 PM
Glen Edward Ashman
You may or may not be able to. You will need an experienced bankruptcy lawyer to review the filing AND a probate lawyer to assist. The numbers and details of the case will determine the outcome.
Answered on Jul 11th, 2011 at 1:07 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Will her bankruptcy continue with your father or will it be dismissed? I suspect it will pass by will or intestacy, and I don't think the trustee can just take it. You can offer to buy it if it wouldn't otherwise automatically go to you.
Answered on Jul 11th, 2011 at 11:52 AM