QUESTION

well i want to file however not on my house just everything else which chapter do i file under or is it possible ???

Asked on Sep 10th, 2014 on Bankruptcy - Indiana
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Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Yes, you can choose which debts to be discharged in your chapter 7 bankruptcy. This being said usually the bankruptcy trustee will force you to file against all unsecured debt, such as credit cards and medical bills. But you may choose to either surrender your home, reaffirm the debt or other on your home when filing for chapter 7 bankruptcy. This has the effect of allowing you to choose how to handle your home. If you're filing chapter 7 bankruptcy and you are behind on payments, you will not be able to catch up and will be forced to surrender. If you wish to keep your home and your behind on payments the right chapter of bankruptcy would be chapter 13 bankruptcy which will allow you to catch up on payments. But if you simply choose to discharge the debt, but keep paying your mortgage this would have the benefit of you keeping your home and in the future if you lose your job or income and can no longer afford your mortgage you could simply move out and you will not have the obligation to pay on your home. The bank cannot foreclose on your home if you continue to make the monthly payments and never fall behind. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on Sep 10th, 2014 at 11:10 AM

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