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Could an atty negotiate a princ. writedown? (not in ch13)

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    Could an atty negotiate a princ. writedown? (not in ch13)

    All,

    We're waiting for our 341 mtg (CH7 non-consumer) and are not reaffirming our house. We took out a 2nd to start a business that failed. Now our house is grossly overmortgaged.

    pri + 2nd = 265k (not affordable without the business that failed)

    Appraisal last month = 190k. (affordable and desired)

    My question is, might an attorney get the bank to do a writedown to the 190k? If I don't reaffirm and walk that's all they'll get anyhow.

    #2
    Doubtful, especially without a reaffirmation. Once you discharge the debt in bankruptcy, you could just as easily walk anyway after they've spent time and money to modify your loan.

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