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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I live in calif,and need to file bankrubtcy. I am on ss diability.

Resolved Question:

I live in calif,and need to file bankrubtcy. I am on ss diability. Do I have to file a chapther 13. I was told I had to do this in order to keep my home. But I was also told due to my ss diability,i could file a chapter 7,because i could never repay my depts. and yes,my house is under water.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


There are distinct differences in between a Chapter 7 and a Chapter 13 bankruptcy.


A Chapter 7 bankruptcy could discharge (erase) all of your credit card debt. It would be an opportunity for a fresh financial start. However, if your mortgage is behind, you cannot use the Chapter 7 to reinstate your mortgage.


A Chapter 13 bankruptcy could reinstate a mortage that is in default. However, it may require that you repay some of your unsecured credit card debt.


Legal Aid can assist you. I suggest that you give them a try.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
my mortagage is not behind . it is current
Expert:  Ellen replied 8 years ago.
Hello,

With a current mortgage and ss disability, you will probably qualify and receive the largest benefit from a Chapter 7.

I hope that this information has helped you.


If I can be of assistance in the future, please ask for FLAandNYLawyer.


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE