Legal Question in Bankruptcy in New York

Chapter 7?

Is it possible to file for bankruptcy under chapter 7 but not lose your home? How would that work? Thanks.


Asked on 2/04/07, 1:37 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Chapter 7?

Your question raises issues that are too complex to answer fully in a few lines in this posting. To try to give you some very basic info.-- if you file personal bankruptcy (Ch. 7, Ch. 13 or Ch. 11) you will need to continue making payments on your mortgage. If you are able to continue making payments on your mortgage (and are not currently in arrears) chapter 7 bankruptcy may be an option (depending on your eligibility based on income for last 6 months, if you have equity in your home, and other issues that need to be considered). Check out the Frequently Asked Questions (FAQs) about "Bankruptcy" and "Consumer Bankruptcy" on my firm's website for more info at: http://www.starrandstarr.com/faqs.htm

There are other consideration regarding the level of equity in your home. You need a bankruptcy attorney to advise you properly. If you intend to file bankruptcy please don't try to do it yourself or with a non-attorney paralegal service. That's a good way to lose your home.

If you would like to have a free initial consultation to learn more about your options please contact me.

You can find our contact info. on our website at www.starrandstarr.com.

Best regards,

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Answered on 2/04/07, 3:52 pm


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