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    my house

    i really cant afford my house.. I included it im my 13 they dont report...my papers says its discharged..but i ive been living in it an payin can I walk away without repercussions

    #2
    you included what? the arrears? I dont see how they could just discharge you of the mortgage. You need to provide a more precise questions with specifics. Otherwise you receive very vague answers in return.

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      #3
      Originally posted by wayne-o View Post
      i really cant afford my house.. I included it im my 13 they dont report...my papers says its discharged..but i ive been living in it an payin can I walk away without repercussions
      If you did not sign a reaffimation agreement when you filed (or signed one that never was filed with the court), then you can surrender the house and walk away owing nothing on it.

      However, surrendering the house is likely to increase your Ch 13 payment as soon as you don't have the house payment any longer because your trustee will see the freed-up cash as additional disposable income.

      Talk with your lawyer to work through what will happen if you surrender the house.

      One thing to think about.....if your income has decreased significantly and permanently or expenses increased significantly and permanently since filing, it might be possible to amend your plan to make the house payment more affordable in your changed circumstances. If this is the case for you, ask your lawyer about whether amending your plan to keep the house makes sense too.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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