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?
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
Thank you for the additional information:
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.
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.
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.
You are quite welcome.
Do not forget to click Accept on my Answer. That is the only way I get paid for assisting you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).