Legal Question in Bankruptcy in Georgia

Re: reaffirming and stay on mortgages

If you chose to represent yourself in bankruptcy (and nothing can be more disasterous when you have a home) then you should have at least consulted and studied on it before doing so. You can't undo the mistakes (a 13 would have given you time to possibly catch up the home, although I can't tell you if a proper 13 would have helped you). Converting to a Chapter 7 in a case with an arrearage is pretty much a guarantee of losing realty. You csn't reaffirm unless the mortgage lender agrees. They're unlikely to, and they became MORE unlikely to when you kept on in the case without tendering payments. Even if they

would agree, you might or might not keep the home. That would depend on other information we don't have including the amount of equity. The stay doesn't prevent a foreclosure, but the lender does have to get the court's approval to do it now, as they apparently have sought. In some cases, if you area ble to fully catch things up, and pay the creditor's lawyer, they may want to let you reaffirm, but few lenders will do it for anything less, and they are less likely to do it with a pro se debtor. They'll figure that if you didn't care enough about your home to pay for counsel that you probably don't have a good likelihood of making payment.

Since the same math that makes a 7 work makes a 13 usually not work, the conversion indicates that one or the other possibly was a bad choice.

Note that no one who has not read all your schedules and all the pleadings can relaly give you a complete answer, and all this is speculative. Since we're not your lawyer, we can't advise you as to a course of action.