Posted on: 13th Dec, 2010 09:24 pm
If I file chapter 7 and I get a discharge order can I include my mortgage and the second after the discharge when I filed I asked to retain the property and the second but now I changed my mind... I filed for chapter 7. The petition was filed wrong I was told that the second on the house can be included in chapter 7. When I read my paper which I had to go personally to pick it up I found out that it is not the case. He told me then that I can only discharge the second on the house if I filed for Chapter 13. Now my question is this if I resume with chapter 7 and I got a discharge order am I still responsible for my mortgage and the second on the house or not. Please advise. My lawyer said it can happen but I am worried about his knowledge base now. He stated that we will keep the paper work as filed and once you get a discharge it will remove all your debts automaticly including the mortgage and the equity line of credit. My house is upside down about 200000 and I don't mind loosing at this point. Please advice ASAP.
hi christosyanni!
welcome to forums!
if you want to save your property after filing chapter 7, then you will have to reaffirm the mortgage. this will make you personally liable for the mortgage payments and you will have to make regular payments to save your property.
if you file chapter 13, then you will be able to strip off your second mortgage if you don't have equity in your property.
feel free to ask if you've further queries.
sussane
welcome to forums!
if you want to save your property after filing chapter 7, then you will have to reaffirm the mortgage. this will make you personally liable for the mortgage payments and you will have to make regular payments to save your property.
if you file chapter 13, then you will be able to strip off your second mortgage if you don't have equity in your property.
feel free to ask if you've further queries.
sussane