Can I keep paying for my house if I file Chapter 13? 33 Answers as of June 20, 2013

If I file chapter 13, can I keep paying for my house?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, that is the point of Chapter 13. If you have any equity, do not file this case on your own.
Answer Applies to: California
Replied: 2/1/2012
Heupel Law
Heupel Law | Kevin Heupel
Yes.
Answer Applies to: Colorado
Replied: 5/30/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, you will have to pay for it in the 3-5 year plan.
Answer Applies to: Washington
Replied: 1/27/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes.
Answer Applies to: California
Replied: 5/30/2013
J.M. Cook, P.A. | J.M. Cook
Yes, you will need to continue to pay in order to keep your house. You will normally do so through your plan.
Answer Applies to: North Carolina
Replied: 1/26/2012
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Most debtors keep their homes in chapter 13 bankruptcy and even if you are behind in your mortgage payments Chapter 13 bankruptcy often is used to cure a default on a mortgage. If you have equity in your home beyond the applicable homestead exemption, it is possible to keep your home in chapter 13 bankruptcy. Get a free consultation with an experienced local chapter 13 bankruptcy attorney.
    Answer Applies to: Colorado
    Replied: 1/26/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, if you are keeping your house you should keep paying or you will just accrue more arrears and it will make your payment to the trustee increase.
    Answer Applies to: New York
    Replied: 1/26/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Possibly. A warning: if you want to have a chapter 13 fail and possibly lose your home, file pro se. If you want to find out how to keep property, get a lawyer. That's your best choice.
    Answer Applies to: Georgia
    Replied: 1/26/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    Yes, you may keep the house and keep paying your mortgage. If you are behind on your mortgage, you may also use the ch. 13 to reorganize the arrears. If you have significant equity in the house, you can use the ch. 13 to protect that equity. As a general rule, if you are current in your mortgage payments, and do not have a lot of equity in your house (in Massachusetts that could be $500,000 in equity), then you can keep your house in any bankruptcy chapter, including ch. 7 and ch. 13.
    Answer Applies to: Massachusetts
    Replied: 1/26/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes you can redeem this debt as part of the plan.
    Answer Applies to: Georgia
    Replied: 1/26/2012
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    You should consult with a bankruptcy attorney to determine if you qualify for a Chapter 13 bankruptcy. Chapter 13 petitions result in a repayment plan. Whether you reaffirm your mortgage will depend on your income, your lender, and your ability to pay the mortgage post-bankruptcy.
    Answer Applies to: Massachusetts
    Replied: 1/25/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, usually when you file a chapter 13 it is so you can keep a home. Thus, you would be required to make the mortgage payments.
    Answer Applies to: California
    Replied: 1/25/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Of course. If you don't pay you will lose the home eventually because the bank will ask the bankruptcy court for permission to foreclose. If giving up the house is what you intend to do, then obviously you should not pay the mortgage and need to state in the plan that you are surrendering the house and giving up the protection of the automatic stay so that the back can foreclose whenever they feel like it. You can stay in the house until the foreclosure sale.
    Answer Applies to: California
    Replied: 1/25/2012
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes.
    Answer Applies to: Virginia
    Replied: 5/30/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    If you file Chapter 13 you better plan on paying for your house. If you do not there will be a Motion by the Mortgage Company for Relief From Stay. You need to make your 13 payments contemporaneously with your Mortgage payments. Don't forget to hire an attorney to file your case. Anyone who has filed their own bankruptcy without council will tell you an experienced bankruptcy attorney is worth their weight in gold.
    Answer Applies to: Connecticut
    Replied: 1/25/2012
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    In my jurisdiction, the Austin Div. of the Western District of Texas, you must pay your mortgage through the Ch. 13 trustee IF you were in arrears upon filing; otherwise, you are allowed to pay your mortgage yourself, outside the Ch. 13 plan.
    Answer Applies to: Texas
    Replied: 1/25/2012
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