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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12204
Experience:  JD, MBA
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So TJ. Since my wife is in prison and y say we need to file

Customer Question

So TJ. Since my wife is in prison and y say we need to file chapter 13 together to save the house, can she just include just that HELOC as part of the BK instead of all her debt so that I can qualify to pay by myself?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello again. Unfortunately, your wife will be required to list all of her debts on the bankruptcy schedules. The federal bankruptcy code requires it. But keep in mind that the amount that you must pay per month in a chapter 13 will depend on your income and the amount of secured debts that you want to continue paying. Accordingly, so long asyou can afford to pay the mortgage,and you do not intend to keep any other secured loan current, then you should be able to afford to pay into the plan.