Foreclosure- Response Needed Please

[benniebear]

I will be filing a Chapter 13 in California with a foreclosure on my home.

Although the home appraisal I received says my home is worth more than I owe on it, I am certain it won't sell for what I owe.

Will I have to include the deficiency on what I owe on the house vs what it sells for in my Chapter 13 repayment plan if my disposable income is great enough to pay back the difference?

[HHM]

Are you planning on keeping the home?

[lrprn]

Will I have to include the deficiency on what I owe on the house vs what it sells for in my Chapter 13 repayment plan if my disposable income is great enough to pay back the difference?

Couple of questions first.... Has your home already been foreclosed on by your lender or is that in process? Have you received the foreclosure summons papers yet? Is the auction scheduled or has it already happened? Have you retained a Ch 13 lawyer yet?

[benniebear]

I am not going to keep the home, I will be letting the lender's foreclose on it. I have an appointment with an attorney Tuesday to start the Chapter 13 process.

I might have misunderstood, but I thought one of the attorney's I talked to told me that any deficiency is discharged if you file a Chapter 13.

Just in case it is relevant to the question on the house, I will be paying back my credit card debt at 100% repayment plan.