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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am in a Chapter 13 Bankruptcy, I had given up our home that

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I am in a Chapter 13 Bankruptcy, I had given up our home that had a mortgage because we'd moved to another area, now I feel it may be best to move back to area where my home is, can we get back in our home? It hasn't been listed for sale by the bank. I am working full time and would have to get a job in area where home is.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

Even though you are not paying the mortgage, the house still belongs to you until it is foreclosed.

cfortunato :

I just re-read your question.

cfortunato :

When you said you gave up your home, did you mean you signed your deed over to the bank?

Customer: I haven't signed a deed over, specifically, just signed bankruptcy papers
cfortunato :

Thank you for your response.

cfortunato :

Until the house is foreclosed (or deed signed over), it belongs to you. This is so, even though you are no longer paying the mortgage.

cfortunato :

Until this happens (foreclosure or deed signing), you have the right to move back into the house.

Customer: Ok, thank you very much. Can I ask another question or do I have to pay more?
cfortunato :

You can ask another question without paying more.

Customer: I'm in a chapter 13. I'm working full time as a hospice home health nurse. It a physically demanding job and my health is deteriorating. If I take a job with less demanding, it will probably be less pay. Can I switch from Chapter 13 to Chapter 7 if my income drops?
cfortunato :

If your income drops while in a Chapter 13, you have the right to convert your case to a Chapter 7 - if your lower income will qualify you for a Chapter 7.

cfortunato :

If your new income is not low enough for a Chapter 7, you can have your monthly Chapter 13 payment modified (lowered).

Customer: OK, thank you very much for your help.
cfortunato :

You're welcome!

cfortunato and other Bankruptcy Law Specialists are ready to help you