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Want to get out from under house

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    Want to get out from under house

    OK- here is by situation
    filed Ch13 about 6 months ago
    wrapped CC, mortage arrears and cars into 1 payment.
    Was to pay mortgage seperately. The economy sucks so my salary was cut by more than $1000/month.
    fell behind on mortgage and it was sent to an attorney. We need to come up with basically $13k to catch up with the mortgage. We have accepted the fact that we need to get out of our house.
    What is the best way to do this? Short sale? Let it foreclose? Convert to a Ch7?
    We want to keep the cars though.

    #2
    You can convert to a Ch.7 and keep your vehicles, if you can qualify for Ch.7. Considering you lost $1K a month, I believe you would qualify. When you convert, you simply state that you will surrender the home. As far as the cars, keep paying the loans but avoid the reaffirmation if you can. When you reaffirm, you are basically excluding that debt from your BK, and if you default later, and the auto is repo'd, you're responsible for the unpaid balance (deficency). Some lenders are still allowing the Ride Through.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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