Asked 7/27/2010
|
Will I lose my house if I file for bankruptcy? (NY) Will I lose my house if I file for bankruptcy? (NY) |
Answer 1/1 - Submitted 1/20/2012
You are able to keep your home in a chapter 7 bankruptcy case, however, you usually have to enter into a reaffirmation agreement on your home to continue making the payments. When filling out the reaffirmation agreement, you will have to show that you have enough income to afford the payment. A judge will not approve a reaffirmation agreement if the payment is so high that it will create an undue hardship for you.
You can also keep your house in a chapter 13 case, but once again, you will have to show in your chapter 13 plan that you have the ability to make those house payments. A judge will only confirm your chapter 13 plan if he believes it is feasible and you actually have the ability to make the payments.
So in summary, yes, you are able to keep a house in a bankruptcy but the courts will only approve that if in fact it is in your best interest to keep it. If it is more house than you can afford, then bankruptcy is the time to make a fresh start, let the bank take the house back, and find yourself a new place that is more affordable for you.
Type your Answer in the box below and post your answer.
One of my wifes daycare mothers was abandoning her husband due to him cheating and signing her name to loans. they purchased a pool table together and she did not want to leave it too him.so she offered it to us if we could get it out of the house while he was gone.so needless to say after looking at...
If i file bankruptcy and are behind on my car payment do i lose my car
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...
|
One of my wifes daycare mothers was abandoning her husband due to him cheating and signing... |
|
If i file bankruptcy and are behind on my car payment do i lose my car |
|
Ex husband filing for bankruptcy My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i... |
|
I am wanting to file bankruptcy but the feel like the only way to get back on my feet since... |
|
I need to know if filing will help me |
|
My husband and i are in the middle of a ch 13 bankruptcy, he has no income, and we have been... |

Ask A Question
Ask a new question about
Bankruptcy: