Legal Question in Bankruptcy in Connecticut

Should I file bankruptcy?

My husband has been out of work since 1996 because he has had 3 back surgeries. He collects s.s. disability and workers compensation. We have been able to pay our mortgage but not our property taxes. The town is now giving us until April to pay the back taxes or loose our home. We are desperate to keep our house but don't have the money to pay the taxes. Since November we have been sending them $100 per week and plan on giving them any money we get back on income taes but I know this will not be enough. Can we file bankruptcy to keep from losing our home? We just want a chance to reorganize and come up with a payment plan. We are also raising two grandchildren and this is the only home they have ever known. What can we do?


Asked on 2/01/02, 11:46 am

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Should I file bankruptcy?

Although you have not given me all of the facts necessary to answer your question, it does appear that you can file a Chapter 13, personal reorganization, for the purposes of paying your real property taxes (delinquent taxes) over the life of a Chapter 13 plan between 3 and 5 years, with interest on the delinquent taxes of about 7%. The arrearage figure in a bankruptcy case in Connecticut is approximately (it will vary based on prime rate interest as of the date of the confirmation of your case.

The main point of a Chapter 13 is to repay secured debt, such as taxes, over a period of time to save a house. The question becomes whether you can afford to make the payments under your Chapter 13 plan and also pay current real estate taxes (July 1, 2002) as well as your current mortgage. Under Chapter 13 you can fund the plan with income from disability and workmen's compensation. You need to prepare a budget to determine whether you have enough of a surplus to make the payments after paying for your mortgage and all of the other bills that you have (for example electrity, gas, food, etc.).

In summary, Chapter 13 is designed to help people keep their homes, and delay foreclosures by paying the secured debt.

I hope that this helps.

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Answered on 2/01/02, 1:57 pm


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