Will I be able to place the house under the 13 plan? 9 Answers as of February 22, 2016

I filed Chapter 7 four years ago and didn't reaffirm my home yet I have not missed a payment on the mortgage. Now due to some bad luck, I am about to file Chapter 13.

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Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Usually, yes. Even if you are behind in your mortgage, you can keep the house and catch up any payments along as you can make the plan payments.
Answer Applies to: Georgia
Replied: 2/22/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
So I cannot understand what you want to do about your house in the Chapter 13. Do you want to make the house payments through the Trustee? Unless your payments are currently delinquent, that would be a stupid choice to make because there is a trustee commission or surcharge you would have to pay to do this. Since you have not thought this through well enough to express what you want to accomplish, and since you may not see all the landmines that go into filing a Chapter 13, you ought to be meeting with an experienced Chapter 13 attorney in your community.
Answer Applies to: Nevada
Replied: 2/22/2016
Stephens Gourley & Bywater | David A. Stephens
Yes you can and should list the house in your chapter 13.
Answer Applies to: Nevada
Replied: 2/17/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If your question is, "can I keep my house in chapter 13" the answer is yes, you can.
Answer Applies to: California
Replied: 2/17/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Everything is included in a bankruptcy. Please see a knowledgeable local bankruptcy attorney to discuss your situation. How the home is handled will depend in part on what court you are in. Different locations have different local procedures and policies. There are also many questions that I would ask you before I could answer any questions about how to proceed and what is likely to happen. You need more information that can be provided on a Q and A like this. Good luck.
Answer Applies to: California
Replied: 2/17/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Answer Applies to: Colorado
    Replied: 2/17/2016
    Ronald K. Nims LLC | Ronald K. Nims
    Yes, you can put your house into a Chapter 13 even though you have no personal liability on the mortgage because it was discharged in a Chapter 7.
    Answer Applies to: Ohio
    Replied: 2/17/2016
    Charles R. Chesnutt, P.C.
    Charles R. Chesnutt, P.C. | Charles R. Chesnutt
    Yes. Even though you did not reaffirm the debt in Chapter 7, the mortgage lien remains (that is why you still have to pay it) and it may be restructured in a Chapter 13, but you will not be able to discharge any debt in your 13 because your 7 was filed less than 8 years ago. That means that when you file a 13 you will have to start making your normal mortgage payments and do make-up payments through a Chapter 13 Trustee. The pay-back time for your back mortgage payments is between 3 and 5 years (or possibly less) your choice.
    Answer Applies to: Texas
    Replied: 2/17/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    I'm afraid I don't know what you mean by 'place [your] home under the Chapter 13 Plan.' IF you mean can you provide for payment of the mortgage note under the Plan (that is, provide for it but pay it directly) you almost always can do so. If you mean catch up on any arrears through your Plan, the answer is yes, you should be able to do it. Finally, if what you mean is can you discharge the underlying debt on the mortgage note, you can, but of course you would lose the house. You would much benefit by retaining a skilled lawyer to advise and represent you. It's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 2/17/2016
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