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In the state of Pennsylvania can one spouse file Chapter 13 arrearages in mortgage without the other one getting involved?

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2005-12-01 14:30:35
2005-12-01 14:30:35

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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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.

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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.

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

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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.

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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.

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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.

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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?

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

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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.

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No. You still have to pay the mortgage.

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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.

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Reaffirmation is only used in chapter 7 bankruptcy. If you kept paying your mortgage every month and don't owe any arrears then they won't foreclose.

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

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

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Here is the short answer.........No. No lender will allow this. Lenders want you to be out of Bankruptcy.This is what I do refinance people out of bankruptcy early or arrange refinancing so that my clients can avoid bankruptcy or forclosure altogether. that is what you must do in order to refi your mortgage regardless of the mortgage status with your bankruptcy plan

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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.

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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.

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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.

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Yes, if your equity in the house is greater than the exemption you can use and you cannot pay the trustee the difference, or if there is no mortgage on the house and its value is more than the exemptions. If you are current with your mortgage when you file and get behind on your mortgage during the chapter 7, the mortgagee can foreclose. Consult a local bankruptcy lawyer.

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bankruptcy - chapter 11

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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)

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No. The mortgage gets paid off according to the terms of the mortgage agreement, (20 years, 25 years, 30 years, etc.)

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You should find a good Mortgage Broker, they have access to more mortgage options than a bank does. Check the National Association of Mortgage Brokers for information on you local state chapter. Call around!

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You should be able to amend your plan to include it.


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