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is ch 7 possible with property

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Versi
New Member

is ch 7 possible with property

I have a garnishment just started in January for 25% and am thinking about filing bankruptcy. I own my house and a rental no mortgages, and in my name only. I have six children and my spouse works as well. I am concerned if I can file ch 7 and if I will able to keep both of my houses. Both of the houses are behind in taxes but I plan on paying the 2017 taxes to stop foreclosure when I get tax refund later this month. I am waiting until I get my tax refund before contacting a lawyer. I live in Michigan. Any suggestions will be appreciated. 

 

monthly income:

employment $1880,

SSI $783,

rental income$650
husband makes 10.50 and works 24-40+ hrs week but has child support order for $129 week
debt: 

$12000 in credit card debt from a few years ago, a few have placed liens on the houses.

two secured cards Citi, and Discover, both $200 open almost a year.

car loan I got in September $12000 for a 2010 Buick enclave paying $115 week. (buy here pay here with 23.9% interest

also holiday loan from credit union opened in Oct that I owe $1000 

Message 1 of 5
4 REPLIES 4
Azuieldrago
Frequent Contributor

Re: is ch 7 possible with property

I could see them doing a ch13, and selling the rental property to pay off the debts. Just my view and not my experience






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Message 2 of 5
Shooting-For-800
Senior Contributor

Re: is ch 7 possible with property

I do not see any way you could keep both homes.

Ch 13 is probably your only option.

Ch 7 by definition is liquidation of assets.

 

Garnishments are based on disposable income not total income.

I would doubt it would be more than $300 based on your income.

 

Ch 13 might be good for you though to get finances straightened out.

If not, I would sell the rental.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

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Message 3 of 5
Versi
New Member

Re: is ch 7 possible with property

Thanks for the info. My garnishment is 409 monty right now.

Message 4 of 5
Versi
New Member

Re: is ch 7 possible with property

Thanks spoke to atty he said I could keep the property but would have to do 100% payback

Message 5 of 5
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