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It depends on your situation.

Under Ch 13, you have to be able to pay your mortgage every month plus be able to pay back payments over a five year period.

Call an attorney to discuss what is best in your situation.

Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

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16y ago
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14y ago

No. The plan may provide for the sale of the home and using any net proceeds to fund the plan. If the house is under water (worth less than what is owed on mortgages and lines of credit), it may be better to just let it go through foreclosure. The mortgagee will have to file a motion for relief from stay.

Or let the foreclosure happen before you file.

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Q: Do you have to keep your home in chapter 13 bankruptcy?
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Related questions

Can you keep your home if you file chapter 13 bankruptcy?

yes


Can you keep your home if you file a chapter 13 bankruptcy?

Yes, as long as you keep making the payments.


Can you keep your vehicle if you file chapter 13 bankruptcy?

yes


Which bankruptcy is for a home?

You can file either Chapter 7 or Chapter 13 as a homeowner. If you are trying to save the home from foreclosure, then Chapter 13 would be the proper chapter.


Can you sell my home while in a chapter 13 bankrupcty and keep the profits?

You will need to obtain the consent of the Chapter 7 trustee before selling any property of the bankruptcy estate.


Can you keep your checking account when you file for bankruptcy?

Can u keep your checking account after filing chapter 13?


How does one refinance a home after a Chapter 13 bankruptcy?

One can find a guide on how to refinance a home after a Chapter 13 bankruptcy on various websites like Homeguides and wikiHow. Both websites offer a great amount of information about all kinds of things, including bankruptcy.


How soon after filing chapter 13 can you hope to buy a home?

The best time to purchase a new home after filing for Chapter 13 bankruptcy depends on how long your bankruptcy will be. If you have your payments on a five year plan, then you may have to wait a little longer.


Will you get your tax refund if you file for bankruptcy?

Whether you are entitled to your tax refund will depend on what type of Chapter of bankruptcy you are filing and whether the bankruptcy exemptions can be used to protect the tax refund. If you are filing for Chapter 7 bankruptcy then you can generally keep the refund if the available state bankruptcy exemptions provide protection for it. If you are in a Chapter 13 bankruptcy you are typically required to turn over the tax refunds during the life of the Chapter 13 case.


Can you keep your car that you are still paying on if you file chapter 13 bankruptcy in NM?

Generally yes.


Can you keep your house after bankruptcy?

Many debtors have this common doubt can I keep my home after filing bankruptcy. The question for this answer is based on the factor determined by the current situation. There are two Chapters in bankruptcy legal process decides whether debtor can enjoy the full rights of having their private property. They are Chapter 7 bankruptcy and chapter 13 Bankruptcy. Chapter 7 bankruptcies rights are crafted in a form of legal structure that you need to walk away from home till you settle your debts. Chapter 13 bankruptcy illustrates individual can stay in their property but need to pay a small amount of mortgage on monthly basis to money lenders. If you have any queries regarding after filing for Bankruptcy process can you keep your house in safe manner or not visit websites like findlaw.com, bankruptcy.expert , lawyers.com to get a clear conclusion.


Can you still keep your vacation home if you file bankruptcy if there is no equity?

In a chapter 7, yes, you can keep your vacation if you have no equity in it. This assumes you have not run out and borrowed money against it knowing you were going to file bankruptcy. In a chapter 13, the equity is only relevant to the amount to be paid to the unsecured creditors. You don't "lose" the property.