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Andy4712, Consultant
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bankruptcy question: can a person file a bankruptcy and request

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bankruptcy question:
can a person file a bankruptcy and request that their first and second mortgage, not be included in the bankruptcy
No. When you file a chapter 7 bankruptcy all your assets and liabilities must be listed on your schedules. You would also need to keep paying your mortgage to keep your house. I hope this answers your question. If not, then please reply. Thank you.
Customer: replied 4 years ago.
if the mortgages are listed in the bankruptcy then does the mortgage company have the right to start any foreclose against the property
Yes. They have to get permission from the bankruptcy court to lift the automatic stay. The automatic stay prevents creditors from collecting while you file a bankruptcy. The creditor will typically file a motion to lift the automatic stay to continue on with the foreclosure or sell the property at a foreclosure sale. I hope this answers your question. If not, then please reply.
Customer: replied 4 years ago.
my reason to file bankruptcy has nothing to do with mortgage being behind. all of my mortgages are current. I just loss a case that I should have won and there is a judgment against me. $30K. I can appeal but I do not have the money for the appeal and hire attorneys. I now have to evidence to prove my case but the attorneys I called do not work... anymore on contingency only hour rate.. I can not afford for my wages to be garnished. After several options bankruptcy is all that is left. So I am considering filing. But I do not want my home to forced into foreclosure since my mortgages are current, Trying to see if bankruptcy under these circumstances is the correct option. You said after the court lifts the stay-- how long does an automatic stay last
If all your mortgages are current, then your lender will not foreclosure as long as you keep paying your mortgage. They would only foreclose if you are behind on payments. The stay lasts when you file until your bankruptcy is done. If you think you can win your case, then you should appeal. I hope this answers your question.
Customer: replied 4 years ago.
Are you saying that when the bankruptcy is completed the creditors can then start pursuing me for payment. I thought the whole reason for bkt was to set aside the creditors for payment in this case $30K. I want nothing more than to appeal. The hourly rate of attorneysI have talked to charge upwards between $300.00 to $400.00 an hour. I understand that Court of Commons Pleas process is expensive. I can not find so far an attorney who will take my case on contingency. I my ann inc 40K, it is what it is...
No. A secured creditor like your mortgage is not discharged. Those creditors that are not discharged can pursue you. Can you a probono attorney or legal services to help you? It is also a good idea to retain a bankruptcy attorney to make sure the judgment is debt that can be discharged in bankruptcy.
Customer: replied 4 years ago.

I thank all of you attorneys. My home was a victim of house fire. I did not start the fire it blew to my home. The claim has been a real nightmare. From a corrupt public adjuster, a forged check, construction companies further damaging my property,compliance issues not adhered to, lawsuits pending. If this was not happening to me I would not believe it. It has been almost a year now and it is not over with yet. I believe no homeowner should experience what I have experience thus far and plan to advocate for homeowners to all my public officials on every phrase of government. I feel I am a victim of the fire as well as a victim of the process. Again, I thank all the attorneys for answering my concerns.

I am sorry. Have you tried dealing with your state auditor?
Customer: replied 4 years ago.
Wow! Never thought of it. What would be the role of the state auditor in ordeal? Explain please.
If you are having problems with your insurance company they may be able to help.
Andy4712 and 27 other General Specialists are ready to help you
Customer: replied 4 years ago.

Has the law concerning bankruptcies changed? Before the change could a person have both secured and unsecured items discharged? When did the law change?

No. The law has not changed. A mortgage or secured creditor has rights that can not be changed in bankruptcy. Unsecured creditors like credit cards and medical bills can still be discharged.