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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12934
Experience:  B.A.; M.B.A.; J.D.
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when filing bankruptcy in the state of Pa can we lose our house

Resolved Question:

when filing bankruptcy in the state of Pa can we lose our house ?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Could you explain a little more?

 

What chapter are you filing under?

 

Are you behind on your house payments?

 

What is your house worth?

 

What is the outstanding mortgage on the house?

Customer: replied 4 years ago.

well he has filed the papers for chapter 7 complete bankruptcy and this is a private contract not a mortage

 

he is about 4 months behind

 

pymts are 250.00

 

and from the lawyer hte house is worth 51 thous

he owes about 5500.00

Expert:  Phillips Esq. replied 4 years ago.

 

Thank you for the additional information:

 

well he has filed the papers for chapter 7 complete bankruptcy and this is a private contract not a mortage

 

he is about 4 months behind

 

pymts are 250.00

 

and from the lawyer hte house is worth 51 thous

he owes about 5500.00

 

Response: Yes, he could lose the house. If he filed for Chapter 7 and he is 4 months behind on the payments, he would lose the house if the Seller decides to foreclose on the property because Chapter 7 is a liquidation Chapter and the only way he can save the house is if he were not behind on the payments when he filed.

 

If he is behind on the payments, he should have filed under Chapter 13 and made a payment under Chapter 13 plan, if he does not want to lose the house.

 

Customer: replied 4 years ago.
ok well i dont think the seller will foreclose on the property .........because the ouse was bough from a family member but the lawyer was stating that we will have to pay the creditors money to keep the house .......do you think this could be true
Expert:  Phillips Esq. replied 4 years ago.

ok well i dont think the seller will foreclose on the property .........because the ouse was bough from a family member but the lawyer was stating that we will have to pay the creditors money to keep the house .......do you think this could be true

 

Response: I do not what the attorney is basing the information on. If there is little or no equity on the house, I do not know why he has to pay the creditors to keep the house. The only one he needs to be worried about is the family member whom he purchased the house from. If the family member does not want to foreclose, then THERE IS NO WAY THAT HE CAN LOSE THE HOUSE. So, my answer is NO.

Customer: replied 4 years ago.

Thanks You so much for your help today ...It was greatly appericated and that helps releive a little bit of stress and I will be back with more questions soon.Have a Great Week.

 

Thank You,

 

Charlene

Expert:  Phillips Esq. replied 4 years ago.

You are quite welcome.

 

Do not forget to click Accept on my Answer. That is the only way I get paid for assisting you.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12934
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you

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