Depending on if your mortgage is up to date will determine if you will file either chapter 7 bankruptcy or chapter 13 bankruptcy. If the mortgage is up to date, I would file chapter 7 bankruptcy to remove your unsecured debt and then file a motion to remove the lien and strip your second mortgage. This will allow you to get rid of your unsecured debt and remove the second mortgage from your house which should make things more affordable. You've stated that after paying all your bills every month, there is nothing left, this would indicate to me that you would not be able to file for chapter 13 bankruptcy.
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://massachusettslawyeronline.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 18th, 2014 at 11:53 AM