Posted on: 17th Jun, 2009 12:29 pm
i am contemplating filing bankruptcy on outstanding cc debt of 67000 i do not want to include my mortage which is current plus a second mortgage of 90000.00. my question is can i file chapter 13 for the cc debt alone and not include both mortgages. my income is 29000 per year, alimony of 1000.00 per mth until 2012 rental income of 1155.00 per mth.[/right]
I can't answer specifically to your situation, but it is possible to retain the home through Ch. 13. If you are currently in foreclosure, the CH.13 petition will stop the foreclosure. However, you would have to make all payments on time after filing and would have to bring any past due amounts current within a reasonable timeframe determined by the courts. Unfortunately, foreclosure would not be reversed if the foreclosure action was completed before you filed. Good luck.