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Can I stay in my home if I file bankruptcy?
My brother and I have a Mortgage on a duplex,we both pay half.my brother.has AAA+credit..I used to but the hospital took
every last cent I owned. The two of us have never missed a pymt. or ever been late..we still owe the bank about
90% of the original debt...if I file,will this cause my brother to lose his half of the home? I can sleep in a pup tent,but I can
not let my brother get hurt...what to do? I have the papers ready to file,I passed the means test.
6 Answers
- Anonymous1 decade agoFavorite Answer
You can keep the house in any of Ch 7, Ch 11 or Ch 13 bankruptcy so long as you keep making the mortgage payments. If you are in arrears, you can't file Ch 7 and still keep the house. You would need to file Ch 13 and catch up on the arrears AND keep making the regular monthly payments in order to keep the house.
In Ch 11 you may be able to catch up on arrears depending on what else you owe.
The basic principle here is, you can keep the house so long as you keep making the mortgage payments -- in OR out of bankruptcy.
What you don't get to do is discharge the mortgage debt and keep the house.
Source(s): Former Legal Assistant with a bankruptcy law firm - Anonymous7 years ago
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RE Can I stay in my home if I file bankruptcy?
My brother and I have a Mortgage on a duplex,we both pay half.my brother.has AAA+credit..I used to but the hospital took
every last cent I owned. The two of us have never missed a pymt. or ever been late..we still owe the bank about
90% of the original debt...if I file,will this cause my brother to lose his half of the home? I can sleep in a pup tent,but I can
not let my brother get hurt...what to do? I have the papers ready to file,I passed the means test.
- MichaelLv 61 decade ago
It depends on which bankruptcy u file. U can file a chapter 13, and bankrupt everything but the house, or u can file to where u only have to pay a % of what u owe. There are several different ones . I did a 13, kept the house, truck, and filed on every thing else. I wish u luck :)
Source(s): A FRIEND :) - Anonymous7 years ago
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RE:Can I stay in my home if I file bankruptcy?
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- Anonymous7 years ago
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