Legal Question in Bankruptcy in California

Re: bankruptcy law

If you can't make future payments, then there's no sense in trying to hold onto the home -- unless you can refinance at a lower payment.

I suggest that you talk to an attorney to discuss the specifics of your situation.

Re: bankruptcy law

In most cases, bankruptcy cannot be used to remove a mortgage from your home. If you don't make the payments, you cannot keep the home and will eventually lose it to foreclosure. You have to examine WHY you are having problems keeping up with the mortgage. If you have an adjustable rate mortgage, an attorney might be able to negotiate a modification to get you into a fixed-rate mortgage.

In a Chapter 13, you might be able to file a repayment plan that will allow you to get caught up, but you must keep the post-bankruptcy payments current. A Chapter 7 bankruptcy might delay a foreclosure, but will not prevent it.