QUESTION
What happens with a chapter 13 bankruptcy and the foreclosure?
Asked on May 06th, 2012 on Bankruptcy - Florida
More details to this question:
I am about to face foreclosure. I want to file ch.13 bankruptcy, but my ex-boyfriend is listed as the co-borrwer on the deed and mortgage. can i still file? He has been gone almost 2 years. He is not cooperating.
11 ANSWERS
Yes, you can still file. Be sure to file Chapter 13 before there is a sheriff's sale or mortgage sale date.
Answered on Jun 07th, 2012 at 2:52 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You can certainly file without him. You may or may not be able to adjust his rights as part of the process but you need to do that in either the bankruptcy court or the superior court.
Answered on May 22nd, 2012 at 7:22 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, you can file. Each jurisdiction might have different local rules concerning Ch. 13, so meet with an attorney to determine your options.
Answered on May 18th, 2012 at 12:49 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You can file chapter 13 without the assistance of your ex boyfriend.
Answered on May 18th, 2012 at 12:09 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can still file for Chap. 13 even if your boyfriend is not cooperating. However, you may be the only person making payments to the bank.
Answered on May 18th, 2012 at 10:32 AM
Daniel James Wilson
You can file without his cooperation.
Answered on May 17th, 2012 at 4:16 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The following assumes you are an Arizona resident dealing with Arizona property. You can file a chapter 13 on your own. If you want to keep the house you can make arrangements to cure any arrears in your chapter 13 case. You can also surrender the house if you like. This will not mean you name is off the title until a trustee's sale (foreclosure) is completed. I recommend you talk to a competent bankruptcy attorney. Most consumer attorneys offer free consultations.
Answered on May 17th, 2012 at 10:58 AM
If you own an interest in the property and you file bankruptcy the automatic stay will stop the foreclosure sale of the property. Participation on the part of our ex is not required to file and reorganize your debts in Chapter 13.
Answered on May 17th, 2012 at 10:44 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You can still file the chapter 13. You need to consult an attorney as to how the chapter 13 would work.
Answered on May 16th, 2012 at 6:35 PM
Yes, you can still file a Chapter 13 bankruptcy even if your co-borrower is not cooperating.
Answered on May 16th, 2012 at 6:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes you can file a chapter 13 bankruptcy, but you have to find out if that is the best thing to do first. Consult with a bankruptcy attorney in your area. Before you file, you have to get a certificate from a consumer credit counseling agency who is approved by the bankruptcy court, Once you file a bankruptcy, the bank would need to have the automatic stay lifted in order to either file or proceed with a foreclosure. You may not want to file a chapter 13, and may qualify to file a chapter 7. Find out which chapter is best for you. You see, a bankruptcy may not be best for you, you need competent advice.
Answered on May 16th, 2012 at 2:52 PM