Legal Question in Bankruptcy in Indiana

Chapter 13 and mortgage

My husband and I are concidering filing chapter 13. The 2nd mortgage is the only thing we are behind on. The loan has been charged off, but their lawyer says it isn't. It is on my credit report as such. Can we file chapter 13 on this loan only? The lawyer is in the process of foreclosure. We want to keep our home.

Thank you


Asked on 7/08/02, 2:39 pm

1 Answer from Attorneys

John Bator Bator Redman & Shive

Re: Chapter 13 and mortgage

When you file bankruptcy, you must list all your debts, even those you wish to reaffirm. A chapter 13 allows you to catch up on past due mortgage payments to save your home and keep it from being foreclosed.

You misunderstand the term "charged off" when used by a creditor such as your second mortgage-this does not mean you no longer owe the debt-a charge off is simply an internal accounting policy whereby the bank writes off your loan as uncollectible and then takes it as income when they eventually collect it-it does not mean they have forgiven you from having to pay it. A charge off simple makes the bank's financial picture stronger than it really is.

Consult a bankruptcy specialist immediately-before the lender's attorney files the foreclosure-it could save you hundreds of dollars in court cost and atty fees that will be added to your loan. My firm, like many others does not charge for the initial consultation-Good Luck!

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Answered on 7/08/02, 4:17 pm


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