Legal Question in Bankruptcy in Louisiana

judgement on second mortgage before filing chapter 13

Hi there,

I am recently divorced. My husband quit claimed the deeds to our primary home and on two rental properties. I was served a citation for non payment on the second mortgage for the primary home and on one of the rental properties as I have not been able to pay the notes. The mortgage on my primary home is current. Can I file a chapter 13 bankruptcy and include the second mortgage since they have decided to sue me for the money owed.

I have a lot of questions but I am still trying to fiqure the best way out of the financial mess my husband left me in.

Thank you in advance.

Robin


Asked on 12/21/02, 12:39 am

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: judgement on second mortgage before filing chapter 13

Past due notes on mortgages can be included in a Ch.13 plan as unsecured indebtedness. However, any plan would have to provide for making all current payments on the mortgages through the term of the plan. To see if you would qualify for a Ch. 13, you would need to provide an attorney with more information...your income, budgeted expenses and surplus which would fund your plan.

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Answered on 12/21/02, 8:46 am


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