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Additional Details
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Additional Details
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just a girl | Can I file for bankruptcy and still keep my home and car? |
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northcountry57
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if you file a chapter 7, you can reaffirm the payments on your primary home and your car as long as you can prove the income to make the payments. new bankruptcy laws make it very difficult to file a chapter 7 and have debts discharged unless there are serious extenuating circumstances such as serious health issues that caused major medical bills.
if you file a chapter 13, you must include all debts in your schedule of creditors, even if you have some accounts that are current. you can NOT pick and choose. in a chapter 13, you and your attorney will propose a repayment plan to the court through a trustee. you must prove sufficient income to meet the payments. if you have a mortgage that is in arrears when you file, the court will require the mortgage to be paid by the trustee from your payments. a chapter 13 generally runs anywhere from 3- 5 years but at the end you have repaid all of your debts.
check with a good bankruptcy attorney on what your options are and be prepared to gather needed documentation fairly quickly, as once filed the first meeting between you, your attorney and the trustee (and any creditors who show up) usually takes place within 2- 3- weeks and your first plan payment is due within 30 days of filing date.
good luck |
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just me
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If you file for dismissal of mortgage,you will have to move out and surrender the property,but if your motion does not include the mortgage,your bank will have you sign an affirmation(that your your resident is not included in your bankruptcy,and that you will continue making the mortgage payment)then you will be able to keep your house.Bankruptcy can include,or exclude anything you want |
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butifulbutrfly
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Yes you can file a bankruptcy and keep both. Chapter 13 allows for that. |
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OC1999
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Yes as long as you continue to pay on them you can. For a Chapter 7 you will no longer receive statements from the loan company until you Re-Afirm the debt. So you have to be organized to remember to send the payments in. If you forget they can then take the car/house. Since Chapter 13 has a repayment plan those are just included in the payment. |
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Rachel
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Yes, you can, you should however consult an attorney. |
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Smokey
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Yes. The two things that they cannot take from you are shelter and a means of transportation. |
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Nora G
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yes u can just get a proper bankruptcy attorney |
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linkin
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With a Ch. 13, you can re-affirm your house/car and the court will provide you with a payment plan. In a Ch. 7, all assests must be liquidated to pay-off as much as possible. |
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R L
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yes, chapter 7 allows for house and vehicle, a chapter 13 allows you to keep assets as well, but that is a repayment lan, a 7 wipes out all of your debts. |
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