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Can you still file chapter 13 to save your home if your lender was granted relief from stay?
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Can mortgage arrears be put in chapter 7?
No, that can only occur in a chapter 13. If you filed a chapter 7, a lender would be able to get relief from stay (i.e. would still be able to foreclose on you)
Can a HELOC that is charged-off by the lender be included in a chapter 7 bankruptcy?
It has to be included in a bankruptcy filing. A charge-off is a tax break for the lender. It has nothing to do with whether the debt is still owing.
What happens if the second mortgage lender hasn't contacted you on a reaffirmation of a loan after a chapter 7?
Nothing happens, the lien still exists- and the 2nd lender can still foreclose if you stoip making payments. The bigger worry is why you would WANT to reaffirm a mortgage debt!
Can you file bankruptcy on your house after chapter 7 discharge?
Your mortgage should have been included in your chapter 7 discharge. If it was- then you are no longer liable for the mortgage, but the lender can still foreclose on the property. If the mortgage was not included- then why wasnt it included.
When in chapter 13 and the pay off money is at the court trustees office to pay off loan can they still repo the car?
If you are currently in Chapter 13 and you HAVE NOT signed a relief of stay, they cannot repo vehicle. If you signed a relief of stay for that vehicle loan, then get your stuff out and leave the keys in the ashtray.
Where can a student get debt relief for a loan?
There are two different answers, depending on whether a student is looking for relief from a loan or a person is looking for relief from student loans, which are not generally due and payable while they are still students. Student loan relief is available directly from the lender in the form of consolidation or hardship deferment, while for other types of loans a student may be eligible for refinance, deferment by paying interest only or consumer credit counseling depending on the type of loan, the lender, their credit score and their income level.
Lien on property in which the debtor filed a Chapter 7 and listed the debt incorrect The lien is still valid but the title co and the lender refuse to acknowledge it How can you collect the money owed?
No.
After a relief from stay is granted to the mortgage company is the property still a part of the bankruptcy estate or does the mortgage company now have ownership rights to the property?
It is still yours until foreclosed formally...the stay just means they can do so.
Can I purchase another house if my house was discharge in chapter 7 but is not in foreclosure I'm still making my payments and living on it?
If your chapter 7 has been closed, yes - if you can find a lender for another mortgage. Your credit scores will have lowered because of the filing and discharge.
What can you do if you are in Chapter 13 bankruptcy but still cannot manage your mortgage payments?
The only viable option would be to discuss the matter with the lender and hope that an equitable agreement can be made. In lieu of such, the petitioner should contact the BK trustee to find out if the Chapter 13 can be modified.
If you are current in your chapter 13 and the stay that was lifted was supposed to be back in place can the mortgage company still foreclose?
The only way is try to negotiate a reaffimation agreement with the lender. However, if the house is not protected by the homestead exemption, it could still be in jeopardy.
You filed Chapter 7 bankruptcy and included your home they are also foreclsing on that how does that work Is it gone after the saleState of MI?
Although a Chapter 7 bankruptcy eliminates your personal obligation to pay the debt and can protection you from a deficiency judgment, it does not get rid of the voluntary lien secured the debt. The credit can still enforce deed of trust or mortgage. Unless you signed a reaffirmation agreement and reached an agreement wiht the bank on keeping the property, the lender can continue the foreclosure after getting relief from the automatic stay or after the discharge has been entered.
