QUESTION

What form do you use when you are filing a chapter 7 if you own a home and want to keep it?

Asked on Sep 09th, 2013 on Bankruptcy - Texas
More details to this question:
I can't afford to pay an attorney to file my bankruptcy. What form do you use when you are filing a chapter 7 if you own a home and want to keep it? What form do you use if you have a judgment against you?
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5 ANSWERS

The form is called debtor's statement of intent. You will list judgments on schedule.
Answered on Nov 01st, 2013 at 6:52 AM

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You would need a reaffirmation agreement.
Answered on Sep 16th, 2013 at 5:44 AM

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Bankruptcy Chapter 7 Attorney serving Austin, TX at The Law Offices of Sean T. Flynn, PLLC
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There are a large number of forms that you have to use. The specific forms that are applicable to your question are that you must file a statement of intention listing that you want to reaffirm your mortgage, and then request and file a reaffirmation agreement with the court. The creditor can typically prepare the agreement for you to sign. Bankruptcy is a complicated legal procedure and I would highly recommend retaining an attorney to make sure that everything is filed correctly.
Answered on Sep 11th, 2013 at 8:37 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You need to file a homestead at the county recorders office and claim the property as exempt on Schedule C of the bankruptcy paperwork. If there is a judgment lien against your property, you will need to file a motion to avoid the judgment lien. This motion is a document that is individually crafted and isn't a standard pleading form that is available.
Answered on Sep 11th, 2013 at 1:44 PM

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If you have a house you want to keep and a judgment, I don't see how you can afford to file a bankruptcy without an attorney. It's not just a matter of picking the right form and hoping for the best. You may have to pay an attorney a lot more to fix a botched case than to just do it right from the start.
Answered on Sep 11th, 2013 at 10:40 AM

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