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Only if the mortgage contract is not a joint. Please keep in mind that a secured lender is given more consideration than an unsecured one to be excluded from any BK action. Most mortgage lenders are more than willing to make a reaffirmation agreement with the mortgagee if they can be convinced there will be no future difficulties.

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โˆ™ 2005-12-01 14:30:35
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Q: In the state of Pennsylvania can one spouse file Chapter 13 arrearages in mortgage without the other one getting involved?
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Unmarried couple have a mortgage together no equity and its in foreclosure. Can he file a chapter 13 alone and repay both shares of arrearages or do I have to file too tho we have no other joint debt?

I am pretty sure that him filing chapter 13 would only cover his debts. If you contact a bankruptcy lawyer they can lead you in the right direction, but I think you would still have responsibility being that you are also on the mortgage.


Can I file a chapter 7 bankruptcy and reaffirm my mortgages?

You can file chapter 7 bankruptcy and reaffirm your mortgage. Your mortgage company is not required to reaffirm your mortgage however, it is their final decision.


What is a good mortgage company than can help you out of chapter 13?

A Mortgage company can not help you get out of chapter 13 when your ten years is up then your be out.


Can the mortgage lender foreclose on your home while you are participating in a chapter 13 bankruptcy?

Yes. A mortgage says that the loan is secured by the property. A "chapter 13" does not allow you to stop making payments on your mortgage.


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.


Can you file a chapter 13 on your mortgage?

Yes.


Can a 2nd mortgage be included in Chapter 13?

Yes.


When you file chapter 13 does the interest get lowered on your mortgage?

No.


Mortgage lates after filing chapter 7 Can a mortgage company report lates after filing of a chapter 7 and before a discharge?

Yes. That reporting to a credit agency of an item of fact, is not an attempt to collect the debt. Your not expecting you mortgage debt to be discharged are you?


Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?

If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.


Does reaffirmation apply to ch 13 And if so and your mortgage was not reaffirmed can the mortgage company foreclose if mortgage payments are current How about after discharge of the debt?

Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.


What chapter should you file if you are behind on your mortgage?

only in chapter 13, you cannot use chapter 7 to catch up on past payments.


Do you have to pay creditors after you refinanced your mortgage chapter 7?

yes


Which of the following thatโ€™s because possibly be forgiven under Chapter 7 bankruptcyalimony, a mortgage, a student loan, child support?

A mortgage(Apex)


Will they take your home if you fill for chapter 7 bankruptcy?

No. If the mortgage is in arrears and you are in foreclosure or cannot file a Chapter 13 plan, you will "surrender" the house to the creditor voluntarily. If you are current on your mortgage(s), nothing will happen to it.


Can you get a mortgage loan if you are in a chapter 13 bankruptcy?

If you are lucky, yes. But most likely, no lender will give you a mortgage loan if you are or have declared bankruptcy.


Will filing chapter 7 save a home?

No. You still have to pay the mortgage.


Do you have to pay off mortgage arrears prior to chapter 7 filing?

no


Can you obtain a mortgage after filing Chapter 7 if you just filed chapter 7 in December 2005 and are moving and your wife has good credit and can you both be put on the mortgage?

yes you can !i know from experience that you can the day you leave the courthouse!!!!!!


What is the benefits of chapter 13 bankruptcy?

There are many benefits associated with filing a Chapter 13 bankruptcy. The types of benefits that will result will depend on the facts of the case. Below is a few of the benefits available with filing a Chapter 13 bankruptcy.Pay Mortgage Arrears- You can set up a 3 to 5 year plan to pay mortgage arrears that are past due on your home. If you are in the process of being foreclosed and you are behind on your mortgage, you can set up a repayment plan for your mortgage arrears.Strip Second Mortgage- If your home value is below what you owe on your first mortgage and you have a second mortgage, you may be able to remove your second mortgage in a Chapter 13 bankruptcy.Pay Back Taxes- If you owe taxes to the federal and state government, you can set up a repayment plan through a Chapter 13 bankruptcy.These are just a few of the benefits that a Chapter 13 bankruptcy can provide.


Can a mortgage be automatically reaffirmed after a chapter 7?

No, it has to be reaffirmed on the debtor's statement of intention.


Do you have too pay any of the mortgage back after a chapter 7 bankruptcy?

no you dont have to


Can you file chapter 7 in Florida and re affirm your mortgage?

Yes, but its never wise to reaffirm a mortgage. Even if you dont reaffirm, as long as you keep making the mortgage payments, the bank wont foreclose.


Is it possible to keep your house when a chapter 13 is dismissed if you pay all the arrearages and keep mortgage payments current?

That depends entirely on the lending institution. In most cases the lender will choose to reaffirm the mortgage agreement with the borrower rather than go through the foreclosure process if they are convinced the borrower's financial situation is stable. The best option is for the borrower to contact the lender directly followed up by written correspondence and for the borrower to be completely honest about his or her current financial situation.


Can you leave a chapter 13 bankruptcy open and refinance your current mortgage if the mortgage?

This question is incomplete. In most districts, you cannot incur new debt if you are a debtor in an active chapter 13 case. To refinance or incur any new debt, you have to obtain the consent of the Standing Chapter 13 Trustee in your case.