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    ch13 to ch7

    I have been in ch 13 for 1 year and a half but are going into ch 7. My question is can you keep your house if you are in ch 7? I need home improvements done such as roof leaking and just could not get done being in ch. 13 which I do not wish on anybody. It is the hardest thing to live through. Is there a way to keep house after your ch 7 discharge if you plan on refinancing

    #2
    Ch 7 is Liquidation BK. You have to be current on your mortgage to file BK and keep your house. Did your Ch 13 plan include any arrears on your mortgage, or were you current when you filed?

    If you were current on your mortgage when you started,.......... What State? Value of home? Mortgage amount?
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      I was in foreclosure that is why we filed ch 13. My plan did include my arrears. My house appraises for 65,000 a year and a half ago and my payoff balance is 63000. I live in PA. So is there a way I can keep the house and will I find out at my court hearing sept.6. I don't think while in ch 13 all the arrearage was paid off

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        #4
        Originally posted by bills217
        I was in foreclosure that is why we filed ch 13. My plan did include my arrears. My house appraises for 65,000 a year and a half ago and my payoff balance is 63000. I live in PA. So is there a way I can keep the house and will I find out at my court hearing sept.6. I don't think while in ch 13 all the arrearage was paid off
        Unfortunately there's no easy answer to your question, bills. A lot depends on whether your mortgage is considered in arrears or not. If it's ok, would you mind explaining why you are now filing Ch 7 after filing 13? That might help us give you better advice.
        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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