QUESTION

Is bankruptcy an option if I own a home that I owe $164,000 on? How?

Asked on Sep 14th, 2015 on Bankruptcy - Colorado
More details to this question:
Homes in my area are selling at short sale for 100,000. I also have bills totaling around 10,000 beyond the house. I have only one income of 3200 gross each month. I don't know if bankruptcy is an option for me, what can I do?
Report Abuse

7 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
I guess I would want to know what your ultimate goal is to be able to offer you advice. Do you want to keep your house or short sale it? I would be reluctant to represent you in a bankruptcy case with a mere $10,000 in debt, most bankruptcy cases I take have at least twice that amount of unsecured debt. And if you short sale or let your house go into foreclosure, it is very unlikely the lender will pursue you to collect the difference between what you owe and what the property ultimately sells for.
Answered on Sep 15th, 2015 at 11:04 AM

Report Abuse
Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
If you want to keep the house, Chapter 13 is an option. This would let you catch up on your mortgage. If you don't want to keep the house, Chapter 7 will eliminate your liability on the mortgage.
Answered on Sep 15th, 2015 at 10:36 AM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV
2 Awards
I recommend you discuss your situation in detail with a reputable bankruptcy attorney. Depending on what you want to do bankruptcy may assist you.
Answered on Sep 15th, 2015 at 10:01 AM

Report Abuse
Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
Update Your Profile
Make an appointment with a bankruptcy attorney. Take your income and expense information. At least determine if you meet the means test, so that you know if chapter 7 filing is an option for you.
Answered on Sep 14th, 2015 at 5:04 PM

Report Abuse
Derek W. Freeman
Bankruptcy might be an option, depending on what you want to accomplish. If you want to keep your house, you will need to be able to redeem the property during the bankruptcy. A chapter 7 bankruptcy takes about 4 months from beginning to end, so you will have to pay all the arrears during that time if you want to save your house. A chapter 13 case lasts 3-5 years, and you make payments for the entire duration of the case. If you can afford to make payments that will cure the arrears during that time, you can file a chapter 13. On the other hand, if you don't want to save your house, you can surrender the property in a bankruptcy, and you won't have to worry about any deficiency.
Answered on Sep 14th, 2015 at 4:17 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Confer with an attorney with all of the details. Bankruptcy appears to be an option, but you want you best option.
Answered on Sep 14th, 2015 at 3:48 PM

Report Abuse
Yes, its an option. I would meet with a lawyer face-to-face to get all your questions answered. Good luck!
Answered on Sep 14th, 2015 at 3:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters