Can you give up your house during an active 13?

[atolar]

we are going through this. we filed 13 thinking I would have a job by now, but I haven't found anything, so our house is in foreclosure. as long as we stay true with our bk, they can't come after us for the difference. we have a court date for the judge to lift the "relief of stay". we do not plan on attending. I'm jsut ready for it to be over.

[HHM]

If I didn't have the mortgage payment, I could easily make my trustee payments. So if I made it through the 5 years, then the house would be discharged?

Correct.

At this point, you should probably get in touch with your lawyer and review your options if you do get divorced.

[chloe0724]

If I didn't have the mortgage payment, I could easily make my trustee payments. So if I made it through the 5 years, then the house would be discharged?

[HHM]

You can still walk away. However, to not be responsible for the difference, you ultimately need to receive the discharge of your BK.

The bigger issue is what to do about your chapter 13? Can you continue to make the payments, if you did divorce, would you then qualify for a chapter 7?

[chloe0724]

Things are not going so well in our home and divorce may be a possibility. If that happens, I can't afford the mortgage on my own. Since the mortgage is being paid outside of my plan, am I still able to walk away from it and not be responsible for the difference?

Only my second mortgage holder filed a claim. I am current on both.