House payments

[JOEYBOY]

Do you have to be current on your mortgage to file for a 7 or 13 ? Im 3 months late ?

[puggymoo]

Not in chapter 13 you can make up the payments in the plan. Don't know on chapter 7.

[papie]

No to both. Consult a lawyer for your specific situation though. A lot of people file bankruptcy because they are behind on their mortgage.

[lrprn]

Do you have to be current on your mortgage to file for a 7 or 13 ? Im 3 months late ?

Assuming you intend to keep the house after filing:

For Chapter 13, you can be behind in your mortgage payments when you file and then make up all the payments you are behind in your Ch 13 plan.

For Chapter 7, you *MUST* be up to date on your mortgage payments when you file to keep the house.

If you intend to surrender the house (give the house back to the lender) when filing Ch 7 or Ch 13, then it doesn't matter if you are behind or not.

[lrprn]

No to both.

Sorry, Papie - this is only half correct.

If a filer wants to keep their house, they can be behind on mortgage payments and file Ch 13. However, if they intend to file Ch 7, then to keep the house the filer must be current on their mortgage payments on filing day.

[fatal1124]

When i filed chapter 13 i was 1 payment behind