Asked 12/28/2007
|
Bankruptcy I am wanting to file bankruptcy but the feel like the only way to get back on my feet since my divorce would be to have my house forclosed as well. All the research I have done online talks about not touching your home. Is there a bankruptcy I can file that will include my home since that is what I want? |
Answer 1/3 - Submitted 12/28/2007
Answer 2/3 - Submitted 6/16/2008
Yes, you can file a chapter 7 bankruptcy as long as you have not filed within the past 8 years and your income qualifies for a Chapter 7. If your house has been foreclosed on, you can list the mortgage company's deficiency amount in the petition and they would be treated like any other unsecured creditor. However, if the house has not gone through a foreclosure yet, you can still file the bankruptcy, but the house will not come out of your name until the house is sold at a sheriff's auction. A bankruptcy will not take a house out of your name. Also, I get a lot of people ask me if they can get rid of the mortgage, yet still keep the house. The answer is no. You typically cannot get rid of a secured debt without surrendering the property first.
Type your Answer in the box below and post your answer.
I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship to repay or if the loan went into default 7 years prior to filing for bankruptcy, both of which apply to me.
My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly before the discharge or soon after. will the inheritance have to be claimed to pay back his creditors if it's within the 180 days from filing? he will not be filing any joint debts.
My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i have moved out of. we are filing seperately for taxes. we had an agreement before he decided to file for bankruptcy to split any tx refund or tax debt. he is now telling me that the court might take his refund...
|
Will filing bankruptcy prevent my tax refund from being taken even if only temporarily.? I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship... |
|
If i'm not filing for bankruptcy, only my husband. will my inheritance be affected? My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly... |
|
Ex husband filing for bankruptcy My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i... |
|
If you file for bankruptcy what, if any, tax implications are there? If someone is filing for bankruptcy, are you taxed on the property that you claim in the bankruptcy,... |
|
How do you do a self bankruptcy filing? So since you can file bankruptcy for yourself, how do you do it? it has to be done in exactly... |
|
What is a quitclaim when filing for bankruptcy? I am filing for chapter 13 bankruptcy? |

Ask A Question
Ask a new question about
Bankruptcy: