Legal Question in Bankruptcy in Massachusetts
Bankruptcy
if my house is being foreclosed should I claim bankruptcy? Do I have to pay back what I claim?
3 Answers from Attorneys
Re: Bankruptcy
If you want to save your house you would file Chapter 13 if eligible. You would be required to pay the arrearage for the mortgage and to keep the mortgage current after filing. If you want to surrender the house then any deficiency balance would be discharged. If you need more information, please drop me an email or give me a call.
Re: Bankruptcy
It is a question that requires further details of your circumstances. Whether to file a bankruptcy is not advice that can be given over the internet without further analyzing your income / expenses / assets. Everyones circumstances are different and thus no one answer can apply. Meet with a QUALIFIED bankruptcy attorney to best decide what decision you should make. You can refer to www.NACBA.org for an attorney that may be close to you.
Best regards,
Michael Eramo, Esq.
Re: Bankruptcy
If you want to stop foreclosure at least long enough to see whether you can resolve the problems that led to foreclosure, filing a chapter 13 bankruptcy case will give you breathing room. Filing a case is not something you should do on your own; there are lots of pitfalls and problems that can arise if the case is not done correctly. For example, you must have a "credit counseling session" with an authorized counselor before you file the case. If you don't have the session first, the case could be dismissed even if you otherwise qualify. Call me or any other BANKRUPTCY attorney for assistance. Best wishes, David Baker
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