Legal Question in Bankruptcy in New York

chapter 7

we are in a debt management program. we are being summons to go to court for this. we also have our house on the market for a short sale. we are behind on our mortgage payments. should we apply for chapter 7 and if we do can we include any payment owed to our mortgage company with our credit cards?


Asked on 11/15/08, 11:42 pm

1 Answer from Attorneys

Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: chapter 7

It sounds like even though you are in a debt consolidation program, it is not working and creditors have sued you.

A chapter 7 bankruptcy should enable you to walk away from all of your debts, although a consultation would certainly be necessary to make sure that you qualify.

It also sounds like you have no equity in your house and you are willing to walk away. Generally, there is no benefit from having a short sale if you plan on filing bankruptcy. There are ways that you can stay in your house for an extended period of time without having to make any payments.

Please feel free to review my web site: http://www.bankruptcycanhelp.com for additional information, and also feel free to contact our office for a consultation.

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Answered on 11/16/08, 11:15 pm


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