Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

I am currently behind on my mortgage if I file a chapter 13…

I am currently behind on...
I am currently behind on my mortgage if I file a chapter 13 how much do I have to show the courts to be able to save my home my monthly mortgage is 1528 and I'm past due 38,794.03 I'm looking at prepayment plan of 5 years and my other living expenses are roughly 280 monthly
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 5 minutes by:
8/15/2017
LawTalk
LawTalk, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37,857
Experience: I have more than 25 years of experience in the practice of law.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Once you file chapter 13, so long as you can pay the normal mortgage each month, in addition to the payment to creditors that will be determined by the court and your other living expenses, you will be allowed to keep your home. All of the past due mortgage payments will be paid through the bankruptcy process.

Based on the arrears in the mortgage, you will have to pay at least $650 per month into the bankruptcy court, and depending on what other debts that you are seeking to discharge, the amount could be greater.

So even if the mortgage is your only significant debt, you will need to show income of at least $280 plus $650 plus $1528 each month plus enough to pay your taxes.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 months ago
Im only filing to save my mortgage I don't have any other bills except gas and electric tele etc which is $280. I have enough income to cover all of that what are the chances that they will agree to it

The mortgage company will be forced to agree to it. When you file chapter 13 that is what happens. The mortgage company cannot foreclose and they must wait to get paid the arrears over the 5 years. This is a great way to save your home if you can afford the $2500 per month.

Please rate my service to you. Thanks in advance,

Doug

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 months ago
Now should i wait to do the mediation first before deciding to file the chapter 13

Mediate with the mortgage company? Probably not. You are way too far in the hole to get a good deal from them.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please remember to rate my service to you by clicking on the rating stars on your screen so that I can be compensated for helping you. I am not an employee of the site and I am only paid when you rate my service to you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Ask Your Own Bankruptcy Law Question

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $14 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Doug

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 months ago
one more question every semester i get a refund check from school that i can apply to the payments that will pay the arrears off sooner is there a way that i can negotiate that into the bankruptcy terms for example i continue to pay 1582 monthly thru chapter 7 and pay atlas 7800 per year for 5 years in a lump sum. Will they allow that
Customer reply replied 6 months ago
I'll do the phone convo for $14

All payments on the arrears MUST be paid through the bankruptcy court. You can pay additional into the court if you want but you can not get a discharge for at least 3 years even if you can pay it sooner.

I can't accept such a small amount for my call to you. My time is worth more than that. The best I can do for you is $49.

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 months ago
Oh I'm sorry I read it wrong

Hi,

No problem,

If you don't need a phone call after all, would you please now rate my service to you so I can be paid for having assisted you? Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you, as I am not an employee of the site, but an independent site expert. I am not paid unless you rate my service.

You can rate by simply clicking on the rating stars located on your answer page---preferably 5-stars. It is that easy.

Thanks in advance.

I wish you the best,

Doug

LawTalk
LawTalk, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37,857
Experience: I have more than 25 years of experience in the practice of law.
Verified
LawTalk and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: I have more than 25 years of experience in the practice of law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I am filing chapter 7 in Delaware all my debts are Auto
I am filing chapter 7 in Delaware all my debts are Auto draft they are non secured debts, My Attorney advised till I pay her off close checking and get another is the only way to stop creditors, is th… read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers
My husband and I filed chapter 7 bankruptcy March of last
My husband and I filed chapter 7 bankruptcy March of last year. And approximately four months later, we were sent our discharge papers. Approximately 3 months after our discharge papers were received … read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
If a husband files Chapter 7 bankruptcy, can the husband
If a husband files Chapter 7 bankruptcy, can the husband borrow money from the wife, after the 341 hearing but before the chapter 7 is discharged? … read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
If you file for chapter 7 and you own a condo, have owned it
if you file for chapter 7 and you own a condo, have owned it for 15+ years, your equity is about 50%, and you keep up your payments on time throughout the process, is the condo still yours when the pr… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
This is a Chapter 7 question...Do you place/list a leased
Hello...This is a Chapter 7 question...Do you place/list a leased car on the A/B property schedule or just on the G leased property schedule? Thank you in advance for your assistance.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
I have the same question. I had a Chapter 7 bankruptcy 13
I have the same question. I had a Chapter 7 bankruptcy 13 years ago. I have not seen on my credit report for the last 6 years. The SBA question says have you ever had a bankruptcy? Is it fair to say n… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,738 satisfied customers
What happens i file chapter 7 bankruptcy and judge denies my
Second opinion] What happens i file chapter 7 bankruptcy and judge denies my reaffirmation agreement...will they repo my car or will the co signer be able to keep it… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
What happens i file chapter 7 bankruptcy and judge denies my
What happens i file chapter 7 bankruptcy and judge denies my reaffirmation agreement...will they repo my car or will the co signer be able to keep it… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
I am probably going to need to file a Chapter 7 bankruptcy
I am probably going to need to file a Chapter 7 bankruptcy in Minnesota because Geico is suing me for $100K for personal injures sustained by someone else that was involved in an accident. I am fighti… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
I have a chapter 7 in process in las vegas, nv. I have a
I have a chapter 7 in process in las vegas, nv. I have a court date set for a reaffirmation agreement for my mortgage. I would like to change my court date to a more current date. What motion with the… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
I filled chapter 7 and discharged a mortgage with Wells
I filled chapter 7 and discharged a mortgage with Wells Fargo in 2009. I did not reaffirm the mortgage but I continued making payments for these eight years. I requested a payoff from Wells Fargo and … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
I have filed a chapter 7 back in June of this year.. today I
I have filed a chapter 7 back in June of this year.. today I got into an accident to which the other party was at fault.. i has to go to the hospital... if I am … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,911 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
LegalGems
LegalGems
Juris Doctorate
11,002 satisfied customers
Interested in information concerning personal chapter 7
interested in information concerning personal chapter 7 bankruptcy as a member of a 50/50 LLC … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
Regarding my chapter 7 Reaffirmation hearing tomorrow,
Regarding my chapter 7 Reaffirmation hearing tomorrow, husband is going without me. $2000 behind on payments, 6000 equity in car. When I try to talk to the people at "ascension capital" who do Cap1's … read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and elected to surrender their vehicle. Can the Creditor repossess the vehicle while the bankruptcy case is still open? Debtor has not received a dis… read more
LegalGems
LegalGems
Juris Doctorate
11,002 satisfied customers
This is a Chapter 7 question. The Debtor was unemployed for
This is a Chapter 7 question. The Debtor was unemployed for 4 of the last 6 months, having worked the last 2 months. Her currently monthly income amount is above the local median, but averaged over th… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x