Legal Question in Bankruptcy in California
bankruptcy and still keep the house?
someone had told my dad that there is a type of bankruptcy that he can file that would let him keep the house and pay a small monthly mortgage payment?
Asked on 5/31/08, 10:58 pm
1 Answer from Attorneys
DAVID BURKENROAD
LAW OFFICES OF DAVID BURKENROAD
Re: bankruptcy and still keep the house?
I am not aware of any bankruptcy that would automatically allow your father to keep his home and make "small" mortgage payments. If your father has no equitty in his home (counting his homestead exemption), he could file for Chapter 7 and keephis home, but modifying his monthly payment would require the filing of a lawsuit, and I don't know if has cause to have the payment reduced, due to some kind of fraud or similar tort.
David Burkenroad.
Answered on 6/01/08, 1:35 pm