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Considering Filing for Chapter 7

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hpmoney505
Established Member

Re: Considering Filing for Chapter 7

I did hire a lawyer. He had advised me to continue to make the payments but to not reaffirm the mortgage. I am planning on moving in the next few years for a new job and he said that's probably the best case scenario then to just pay but not reaffirm. I am essentially filing because of the 40k. It is across about 15-20 different credit cards and 2 personal loans. With my current income I cannot get ahead of any of it and I've been trying for over a year now. I know the student loans don't get discharged but I can't even afford credit card bills now before I have started paying the student loans back. 

Message 21 of 24
brendini
New Contributor

Re: Considering Filing for Chapter 7

Why not reaffirm the mortgage or file a Homestead Exemption with the bankruptcy?   You're allowed to file a Homestead Exemption when you are under the limitation for allowable equity in the home.  Sell the house in 2-3 years when you relocate. 

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Message 22 of 24
compassion101
Established Contributor

Re: Considering Filing for Chapter 7


@hpmoney505 wrote:

I did hire a lawyer. He had advised me to continue to make the payments but to not reaffirm the mortgage. I am planning on moving in the next few years for a new job and he said that's probably the best case scenario then to just pay but not reaffirm. I am essentially filing because of the 40k. It is across about 15-20 different credit cards and 2 personal loans. With my current income I cannot get ahead of any of it and I've been trying for over a year now. I know the student loans don't get discharged but I can't even afford credit card bills now before I have started paying the student loans back. 


Okay, now I see. Your intention is to remain in the house and just keep paying. I misunderstood, thinking that you were going to stop paying the mortgage after discharge and would need to find a new place to live. But instead, your lawyer advised you to just not reaffirm, but instead to keep paying for as long as you want to live in the house. This seems to make sense for you if that is what the lawyer advised.

 

I didn't understand the reafirmaion process enough. But as I understand it now, since you have the deed, you can sell the house (or refinance) at will and just need to repay the lien that would exist on the house, which I assume will be reduced by each payment you make just as a normal mortgage, even though it has not been reafirmed.

 

 

Message 23 of 24
hpmoney505
Established Member

Re: Considering Filing for Chapter 7

Yes that is correct. I had not understood it at first either and asked him to explain better. I did not want to be left high and dry with nowhere to live. The main drawbacks are that I no longer get each payment reported to credit bureaus and I need to send a paper check in the mail each month. But at any point I can pay off this loan and it be mine free and clear. 

Message 24 of 24
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