| hello wanda, as far as filing chapter 7 or 13, that usually depends on your assets. now, as far as the mortgage is concerned, if you were to file a chapter 7 you'd have 3 choices *unless there is a trustee that causes problems*, you can surrender, reaffirm the debt or retain, when you retain, you choose to keep the property without reaffirming and continue to make the payments to the mortgage company, when you reaffirm you sign a reaffirmation agreement meaning you are re-committing yourself to the debt, this reaffirmation will be filed with the bankruptcy court and you have 60 days from the day it was filed with the court to recind *spelling?*. some mortgage companies will in the case of a reaffirmation eve work with you on reaffirming with lower terms, meaning lowering the payments and the interest rates but that's SOME. chapter 13, there are what i call inside the plan states where you would pay your mortgage through the trustee and he would in turn pay the mortgage company, then there is outside the plan, that means the arrearages if any will be paid to the mortgage company through the trustee and the regular monthly mortgage payments would be paid by you to the mortgage company. normally in a chapter 13 you continue to pay your debt, normally with lower payments, you make your payments to the trustee and he pays the creditors. as far as the house goes, now there are some states where in a chapter 13 you can still surrender your home if this is your wish but that's rare from my experience. hope i didn't cause too much confusion and good luck. |