QUESTION

If I file chap 13 bankruptcy do I have to pay the full amount to credit card co if I have equity in my home

Asked on Mar 23rd, 2014 on Bankruptcy - Virginia
More details to this question:
Want to keep my home in bankrupcy. Do I have to pay the full amount to credit cards that I owe if I have equity in my home that could have been used to pay them in a chapter 7 bankruptcy?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The amount you pay to credit cards in a chapter 13 bankruptcy repayment plan is not based on the equity you have in your home. The repayment plan must include all outstanding and delinquent payments owed on secured property, such as a home with the mortgage or a car with a loan on it. In a chapter 13 bankruptcy repayment plan the only debts you must pay in full are those on secured property with collateral used to secure or the note or loan. What you will pay on unsecured debts such as credit cards and medical bills, shall be what is remaining in your income and what you can afford, and then the bankruptcy court will either confirmed the plan or deny the plan and give you reasons for such denial. But in any case the equity in your home does not play a role in the amount you must pay on unsecured debt in a 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://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147  
Answered on Mar 24th, 2014 at 12:23 PM

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