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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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regarding the previous questeion how would the behind payments

Resolved Question:

regarding the previous questeion how would the behind payments on my house be handled in chapter 7
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi again,

Filing a Chapter 7 will not at all effect the mortgage payment. When I said you would not lose your house if it has no equity, I meant the Bankruptcy trustee would not take it. However, if the mortgage is not paid, the bank can take it.

If you file a Chapter 13, the mortgage arrears can be stretched out and paid over the course of the Chapter 13, in addition to the regular monthly payment. Being able to do this is one of the main reasons that debtors file a Chapter 13. The other main reason is a second mortgage can be removed in a Chapter 13, but not in a Chapter 7.

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