As long as your mortgage payments are up to date, your home will not be in danger in a chapter 7 bankruptcy. As you do not own the home, the bankruptcy trustee cannot liquidated to cover your debts. So in fact having a mortgage is a form of protection within bankruptcy, as you don't actually own the property, the bank does. Make sure you keep your mortgage payments up to date prior to filing bankruptcy in the house will be fine.
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://www.fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Nov 13th, 2014 at 9:24 AM