Midniteoyl
Elite Member
- Joined
- May 20, 2013
- Messages
- 4,907
- Location
- N. W. Indiana
- Tractor
- Kioti CK3510SE HST, Ford 3400, Gizmow ZTR, Simplicity 7016H
In a Ch7 bankruptcy you are mainly looking to rid yourself of unsecured loans (medical bills, credit cards, etc..) in an effort to keep your secured loans (home, car, etc..) so as long as you still have enough to pay for those, you can usually keep them through the discharge. However, in some (most?) states, if you have enough money to pay the mortgage AND enough equity in the home, they can actually change your bankruptcy to a Ch13, force you to remortgage (or even sell a 2nd home), and then use that money, usually along with a repayment plan, to at least partially repay your debts. These repayment plans are usually for 5yr.I've never taken bankruptcy so I don't know much about it but I thought a home was excluded from seizure under bankruptcy. Maybe he was trying to do the right thing and sell it to pay creditors. IDK
Obviously if you dont have enough to keep paying the mortgage, then the bank will either take back the home or force a sale.
Some states make couple file together, some allow one person to file by themselves. In those states, it can get real tricky.