Legal Question in Bankruptcy in Ohio

Looking for help with a creditor problem.

I am in the process of filing for chapter 7 bankrupcy. I am a co-debtor with my mother on a mortgage of some property that contains 2 houses. I am under the impression that I will be relinquished of the debt due to the bankrupcy. I also understand that my mother will still be responsible. However since the payments are delinquent and the property is possibly in foreclosure the bank is telling my mother that she will lose the property unless she pays them $1300.00. While trying to make a payment over the phone she was rerouted to the ''bankrupcy department''. What I need to find out is should she be worried about losing the property due to my bankrupcy, and does she have to pay this large sum instead of her usual scheduled payments? Thank you for your time,


Asked on 12/10/02, 8:00 pm

1 Answer from Attorneys
Jay Maynard Attorney at Law

Re: Looking for help with a creditor problem.

Yes, your mother is in danger of losing her home because payments have not been made. Although your bankruptcy filing will relieve you of the obligation to pay the debt -- the home can still be repossessed. The only recourse if you mother wants to keep her home is to file her own Chapter 13 bankruptcy and include the $1,300.00 in arrears into the Chapter 13 Plan.

You are confusing "unsecured" debts with "secure" debts. Secure debts are items like a house, car, or anything you possess as value and owe money on. Feel free to email my paralegal at [email protected] if you have any additional questions. She will forward your message to me.

Read more
Answered on 12/10/02, 11:19 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Ohio