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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-23-2003, 12:57 AM
mumster66
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Does Ch 13 allow for mortgage reduction?


What is the name of your state? California

My dad is filing Chapter 13 in order to stop a foreclosure. When he bought his property he was making considerable amounts of money. It last appraised at 750,000 dollars and he owes a little over 400,000 dollars on the property. His payments are 4800.00 and his income is 3000.00. He has future contracts coming in, but not in time to save his house. My question is if his original mortgage payments will be included in the consolidation and debt reduction, as he presently does not make enough to pay the mortgage? Also, how long does he have to take care of any arrearages.
Thank you.
  #2  
Old 09-23-2003, 11:32 AM
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Location: Nashville,TN
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Arrearages go into the CH 13 plan and I believe they are paid out first. He'll actually end up with 2 payments - one to the Trustee to take care of the arrearage, and a 2nd to make the current payments.
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  #3  
Old 09-24-2003, 01:21 AM
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One of the requirements to qualify for Ch 13 is that his plan has to be workable. If he isn't making enough money now to cover reasonable living expenses and the primary mortgage, his attorney will have to be extrordinarily creative to design a plan that works. He should probably begin to consider the reality that he may not qualify for Ch 13.

I'm not saying it can't be done because his projected income comes into play, but I can say that variable payments based on projected income have the potential to be a real hardship. He should consider biting the bullet and going Ch 7 - even if it means loosing some property. His quality of life would be improved dramatically, just a temporary change of scenery.
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