Legal Question in Bankruptcy in Georgia

how do we know if a debt can be reaffirmed? chapter 13.

We own two houses, one was a

rental property and the one we used

as residence. The rental property has

been not occupied for several month

and due to a change in our monthly

income we are unable to keep both

homes and keep up with the bills, we

have now opted to move into the

rental home due to it being a lower

mortgage payment and we are

considering chapter 13 or foreclosure.

My question is if we file chapter 13

are we running the risk that the

lender of the home we now moved

into (the house with the lower

mortgage...we have never been late

on any payment with them) won't

reaffirm with us and refuse to let us

keep the house? Please advise.


Asked on 3/06/08, 6:25 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: how do we know if a debt can be reaffirmed? chapter 13.

Reaffirmations happen only in Chapter 7 and not 13 so I am not understanding your question. Usually Chapter 13s are filed so a person can retain property. That's essentially the main reason for a 13.

However, no attorney would be able to tell you what would happen to specific property without seeing all your finances. You may wish to call me to set up a consultation.

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Answered on 3/06/08, 6:56 pm


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