How can I keep a house after chapter 13 bankruptcy? 15 Answers as of July 04, 2013

My mother passed and her house is in chapter 13. How can I keep her house?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Must make deal with bank as part of bk in court.
Answer Applies to: California
Replied: 7/4/2013
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
You can keep the house if you can bring it current or if you can make the Trustee payments on it (generally, but you will need the Court's permission for her estate to be substituted in for her).
Answer Applies to: Michigan
Replied: 7/12/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Keep current on the mortgage.
Answer Applies to: Washington
Replied: 7/4/2013
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Under chapter 13 assets are retained by the debtor. If the debtor dies during the case it will be dismissed and the property will no longer be in the bankruptcy.
Answer Applies to: California
Replied: 7/12/2011
Lake Forest Bankruptcy
Lake Forest Bankruptcy | Anerio V. Altman, Esq.
The chapter 13 will be dismissed if the Chapter 13 plan payments are not regularly made. Once dismissed, then the issue will pass to California Probate law as determined by the court or a Will or Trust.
Answer Applies to: California
Replied: 7/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You may or may not be able to. You will need an experienced bankruptcy lawyer to review the filing AND a probate lawyer to assist. The numbers and details of the case will determine the outcome.
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Reaffirm debt and keep mortgage current.
    Answer Applies to: Maryland
    Replied: 7/4/2013
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    To answer your question, more information is needed. Did your mother have a will? If so, what did the will provide with regard to the home? How much is owed on the home? Are you able to make the payments due on the home? Depending on the answers to these questions, you could keep the house if (1) you were left an interest in the home by the will, or by operation of law, and (2) you are able to make the required payments due on the property. You should speak to an experienced bankruptcy attorney who can review all of the facts and guide in through this process.
    Answer Applies to: Alabama
    Replied: 7/11/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    The Chapter 13 case will be dismissed if the debtor dies. If you inherit the house, you will need to arrange to get the mortgage caught up andget themortgage payment paid going forwardor get the debt refinanced if you are going to keep the house.
    Answer Applies to: Colorado
    Replied: 7/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Talk to her lawyer.... if she was behind in the payments someone has to make them up. I have had clients die before and the heirs pay the case off.
    Answer Applies to: California
    Replied: 7/11/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Will her bankruptcy continue with your father or will it be dismissed? I suspect it will pass by will or intestacy, and I don't think the trustee can just take it. You can offer to buy it if it wouldn't otherwise automatically go to you.
    Answer Applies to: Virginia
    Replied: 7/11/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Pay for it and see who she left it to, either in trust or will. Probate court will determine if no trust.
    Answer Applies to: California
    Replied: 7/4/2013
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