I am about to file for Chapter 13 Bankruptcy and need help! 19 Answers as of July 11, 2013

I am planning on filing for Chapter 13 bankrupty and am wondering if I need to inlcude my 1st and 2nd mortgage in this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Whenever you file bankruptcy, you need to list ALL of your debts. Accordingly, if you file a Chapter 13 bankruptcy, you need to list your first and second mortgages.
Answer Applies to: California
Replied: 6/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Without any more information from you, I would say yes you would want to include your mortgages on the BK. A Ch 13 will allow for restructuring.
Answer Applies to: Washington
Replied: 6/13/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You must list all your assets and all your debts in any bankruptcy case. Not really sure what you mean by "include".
Answer Applies to: California
Replied: 6/10/2011
Law Office of Chirnese L. Liverpool
Law Office of Chirnese L. Liverpool | Chirnese Liverpool
Yes, you must include all of your assets and all of your debts (liabilities).
Answer Applies to: California
Replied: 6/10/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Yes. You should most definitely seek assistance from an attorney to protect your assets and assist you with preparation of a Chapter 13 Plan.
Answer Applies to: New Hampshire
Replied: 6/10/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    You have to list all of your debts in any bankruptcy filing.Usually, one of the main reasons for filing Ch 13, rather than Ch 7, is to address problems with mortgages. The required advance retainer for a Ch 13 is about $1,100.It's well worth the money to hire an attorney and have it done right.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes, all your debts must be included in bankruptcy filing. Do you have an attorney. If not I think you should get one to file a chap 13. One of the main reasons a person may elect to file a ch 13 over a ch 7 would be to strip the second loan from your house. You may be able to do this but you will need to discuss it with an attorney. I have filed many ch 13 cases where a person may qualify for chapter 7 but chooses to file a ch 13, make minimal monthly payments over as little as 3 years and at the conclusion your second second loan and all your unsecured debts are gone.
    Answer Applies to: California
    Replied: 6/10/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need a lawyer. If you do not understand the effects on the mortgages it would be foolish to do this without a lawyer. The court and court staff can not help you. The trustee is not gong to tell if you calculated your plan payment to high or did not take all of the means test deductions your entitled to. AND, you might be able to strip off the second mortgage, so go see a lawyer!
    Answer Applies to: California
    Replied: 6/10/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    All debts have to be included in your bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    All debts must be listed on any bankruptcy petition. You may pay current payments outside the plan. I repeat my mantra of seriously recommending that you have a lawyer represent you. It can save you time, money, and stress.
    Answer Applies to: Virginia
    Replied: 6/10/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    The answer is yes, but if you're planning on doing a 13 by yourself, and you're asking this question already, the fact is that you really need an attorney to do this.
    Answer Applies to: California
    Replied: 6/10/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    You need to talk to an experienced attorney to find out what you need to do. While many do not want to spend the money on counsel, I continue to feel that spending that little on protecting something as important as a home is a very wise investment.
    Answer Applies to: California
    Replied: 6/10/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    All debts are "included" in any bankruptcy. However, you can continue to pay your mortgage normally in chapter 13. You can keep your home as long as the payments you make are greater overall than the equity in your house which could be realized on a sale. You might be able to get rid of your second mortgage if your house is worth less than your first mortgage.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Chapter 13 rules are quite complex. Go see a bankruptcy lawyer in your neighborhood.
    Answer Applies to: California
    Replied: 7/11/2013
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You should seek guidance from a bankruptcy attorney. Whether a first mortgage and/or second mortgage must be included varies from district to district. Chapter 13 is extremely technical and must be done right to be successful. You should seek legal advice.
    Answer Applies to: Indiana
    Replied: 6/9/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    All debts, including home mortgages, must be listed in bankruptcy.
    Answer Applies to: California
    Replied: 6/9/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes. Must include all debts on a bankruptcy petition.
    Answer Applies to: California
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The fact you are asking this question indicates you are headed for financial and courtroom disaster by filing pro se. Do NOT. Odds are you will see the case dismissed and may lose your home in the mess. You MUST list all your debts (and that includes mortgages). Depending on the case, you MAY be able to pay them outside your plan. Your lawyer will set that up properly. You will not know how to set that up.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    You need to list all creditors in your bankruptcy. If you have a 2nd lien, you may be able to void the lien with a CH 13 bankruptcy and should consult with an attorney to determine if it would be possible in your situation.
    Answer Applies to: California
    Replied: 6/9/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney