Legal Question in Bankruptcy in North Carolina

i lost my job my unempolment is alot lower and its hard to make house payment and put clohtes on my kid what should i do


Asked on 7/14/10, 7:24 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

It is not possible to advise of a particular course of action. As a general matter, you should contact the lender and see what relief they may offer. They may reduce the payments for a period of time, or perhaps modify the loan. Of course, you should continue to look for work. You posted this under bankruptcy, but bankruptcy at this time may not be the best choice. It will cause unsecured debt to be discharged and will interrupt a foreclosure, but that relief may be needed by you much more later. If you end up unable to pay your mortgage and the creditor not offer any relief you may incur some or many missed payments over the next several months. The creditor could initiate foreclosure. At that time or before, you should consult a bankruptcy lawyer. He or she will tell you that Chapter 13 will allow you to catch up the arrearages over time. Of course you have to have enough income to make the regular payment and the catch up payment to confirm a Chapter 13 plan. If you have a significant unsecured debt and can work out a deal with the mortgage holder, you may consider a Chapter 7 which will free you to make payments directly to the mortgage holder and avoid the trustee fees.

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Answered on 7/14/10, 11:06 am


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