Legal Question in Bankruptcy in Nebraska
first mortgage and chapter 13
Can a first mortgage be included in chapter 13 or does that need to be reaffirmed?
Asked on 1/18/08, 12:46 pm
1 Answer from Attorneys
Re: first mortgage and chapter 13
All debt must be included in any chapter bankruptcy.If you have a mortgage on your home, your lender will still be listed as a creditor even if you are current on your payments.
You don't "reaffirm" debt in a chapter 13 like a chapter 7. You either keep making current payments on secured debt (like a mortgage) and use the plan payments to cure arrearages, or, you surrender the house.
There are some liens on houses which can be avoided, but a "first mortgage" does not sound like one of those liens.
So, yes, a first mortgage must be "included" in your bankruptcy.
Answered on 1/18/08, 1:27 pm
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