Posted on: 06th May, 2010 09:16 am
i filed chapter 13 in 2007 ,my paycheck is being garnished every 2 weeks for my %10 of all debt...now i like to not pay this monthly payment of $370 amonth .can i file chapter 7 and stay in my house and also discharge the second mortgage?
thanks :roll:
thanks :roll:
Hi,
I can understand your state of mind but as per as my knowledge is concerned you cannot file chapter 7 until and unless you are discharged from chapter 13. However, after you get discharged from chapter 13, you cannot file chapter immediately. A certain period of time is required in between chapter 13 and 7. The best person to give you all the information will be a good attorney.
I can understand your state of mind but as per as my knowledge is concerned you cannot file chapter 7 until and unless you are discharged from chapter 13. However, after you get discharged from chapter 13, you cannot file chapter immediately. A certain period of time is required in between chapter 13 and 7. The best person to give you all the information will be a good attorney.
hi shawn!
welcome to forums!
you can convert your chapter 13 bankruptcy filing into chapter 7. however, you should note that you can get your second mortgage completely stripped off in chapter 13. this is known as lien stripping. you should contact your bankruptcy attorney and check out if he can help you with this. however, second mortgage can be stripped of only if there is no equity in your property.
feel free to ask if you've further queries.
sussane
welcome to forums!
you can convert your chapter 13 bankruptcy filing into chapter 7. however, you should note that you can get your second mortgage completely stripped off in chapter 13. this is known as lien stripping. you should contact your bankruptcy attorney and check out if he can help you with this. however, second mortgage can be stripped of only if there is no equity in your property.
feel free to ask if you've further queries.
sussane