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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 06-26-2002, 01:31 PM
charlieop
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Question

Bankruptcy


What is the name of your state? Texas
I need some immediate help. My home is scheduled for forclosure and I wish to file a chapter 7 on or before 7/1/2002.
My reason for selecting "7" I don't qualify for a Chapter 13 because I am currently between jobs. I have very few assets that can be seized. I owe approx. 28000.00 in unsecured debt and own less than 1/5 of my home.
I have a several questions:
a) Will filing a Chapter 7 prevent seizure of my home and if so will I still be held liable for the arrearage?
b) If liable how much time does the court allow to bring the past due amount current or must I pay off the entire loan?
c)Will my employment status disqualify me from filing a Chapter 7 or affect the exemption status I seek for my home?
d)Can the court adjust the amount owed on my home if it is more than the home is worth?
Your prompt reply is deeply appreciated.Thank you.
  #2  
Old 06-27-2002, 07:58 AM
totallybroke
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Filing Chapter 7 will put a stay on the seizure of your home. But to actually keep the home you must get caught up on your payments and keep it caught up. If you are unemployed then that might be hard to do. The court doesn't "allow" you to keep your home, you must reaffirm with the mortgage company and they won't do that if you are in arrears. Your employment status will not prevent you from filing chapter 7 unless you can't afford the attorney and the filing fees, then you have another problem. No the court cannot adjust the amount of your loan on a Chapter 7.

Any response from SR. members is appreciated as I am not a legal expert.
  #3  
Old 06-27-2002, 07:39 PM
dorenephilpot
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Totallybroke, your answer passes muster w/me.
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