bankruptcy procedures

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bankruptcy procedures
what is the procedure to file for bankruptcy? will it effect if you own a house(still making payments)?

Will they (govt.)still touch my house if i keep on making just my house payments but nothing else?

This answer assumes that you are in the USA. If not, please disregard.

Most people who file bankruptcy in the USA who want to keep their house and who can afford the house payments, do manage to keep their house. There are a number of different strategies for doing this, and your bankruptcy attorney will recommend a strategy based on other features of your individual situation.

The simplest is: if you are current on your house payments at the time that you file, you can file Ch 7 and reaffirm your mortgage and just keep making the house payments. You cannot use this strategy if (a) you are behind on your mortgage payments, or (b) you have more equity in your home already than you state’s exemptions allow. If either (a) or (b) is true, your attorney will probably recommend that you file Ch 13 instead, which can deal with either (or both) of the above issues.

Sit down with a good bankruptcy attorney (most offer one free or very low cost appointment to discuss issues like this) and find out what your options are, given your particular financial situation and your state’s exemptions.


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