QUESTION

Which bankruptcy do I need to file to help me with my mortgage?

Asked on Apr 05th, 2013 on Bankruptcy - Texas
More details to this question:
I'm really behind on mortgage payments and I don't see any way of being able to pay them any time soon. I was hoping to not have to file bankruptcy but now I'm not sure I have other options. I want to look into the bankruptcy stuff but don't know which one I would file.
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5 ANSWERS

A chapter 13 if you can make payments to bring your account up to date in 60 equal payments.
Answered on Apr 09th, 2013 at 8:07 PM

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Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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There are many factors to consider but you are probably looking at Chapter 13. Consulting with an attorney will be low cost and you will get a better answer than trying to figure it out yourself.
Answered on Apr 08th, 2013 at 1:33 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Without knowing more about you and your situation it's difficult to say which chapter of bankruptcy is appropriate or even if it is possible to prevent the foreclosure with bankruptcy. Most bankruptcy attorneys offer free consultations. Be prepared to answer questions such as: how much income does the household earn, how much does the household need to spend on living expenses, what types and how much debt you have, past due amounts on any your mortgage(s), what types of assets you have. The devil is in the details. Talking to a bankruptcy attorney can help you formulate a plan.
Answered on Apr 05th, 2013 at 1:26 PM

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It depends on the amount of your debt, but either chapter 13 or chapter 11. Chapter 13 if your non contingent, liquidated unsecured debt is less than $250,000.00 and your non contingent, liquidated debt secured debt is less than $750,000.00.
Answered on Apr 05th, 2013 at 11:45 AM

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Filing Chapter 13 will allow you to stretch repayment of the past due mortgage amounts over 3-5 years, but if your current income is not enough to make your monthly mortgage payments, it's unlikely the court will allow you to keep the home.
Answered on Apr 05th, 2013 at 11:10 AM

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