Legal Question in Bankruptcy in California
Confused about Chapter 7 vs 13
My husband and I have aprox.
$85,000. in non-secured debt. We
have a 1st and 2nd mortgage on our
house, about $240,000 with only 9
years left on it. We both work (total
income about 110,000), and have
not been late on any of our
payments . . yet. We have almost
nothing in our savings account and
can not sustain even minimum
payments for much longer (maybe a
few months more). We are in our
50's and do not want to loose our
house. We do not know what the
best method for reducing (or
eliminate) our non-secured debt,
chapter 7, 13 or maybe an offer and
compromise program. Do those debt
relief agencies help cut your debt so
that payments are manageable? We
are not looking for a way out of
paying our debt unless this is the
only way to keep our house. Any
guidance would be greatly
appreciated. Thank you
1 Answer from Attorneys
Re: Confused about Chapter 7 vs 13
Unfortunately, to determine the answer to this, you will need to sit with a bankruptcy attorney and/or a legitimate credit counseling agency to review your situation in more detail. There is a lot of analysis that goes into determining what the best course of action will be for you. To find a legitimate credit counseling agency, go the US Trustee's website (www.usdoj.gov/ust/) and follow the links that point to Credit Counseling & Debtor Education. I do not recommend the companies you hear advertised on TV and radio - most are not legitimate, and counsel you to go deep into default on your debt, then negotiate reduced payoffs after the accounts are charged-off. Best thing you can do for yourselves is to meet with an attorney in your area who handles bankruptcy - most will give you a free initial consultation. Start with a qualified credit counselor, however, as given the numbers you posted, I would have to believe there is a way for you to resolve this possibly without bankruptcy.
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