Legal Question in Bankruptcy in Pennsylvania

Chapter 7 and Mortgage Payments

We are currently considering filing Chapter 7 bankruptcy but are not current on our mortgage (4 months behind). Do you have to be current to file?


Asked on 1/28/03, 4:19 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: Chapter 7 and Mortgage Payments

If you are that far behind on your mortgage you will probably not be successful in a chapter 7 case. Your mortgage company will file a motion in federal court after they receive notice of your bankruptcy. They will ask the bankruptcy judge for permission to foreclose since you are 4 months behind. You and/or your attorney would have to negotiate an agreement to repay the past due mortgage in 2 to 3 months max. This is probably not going to work for you. The better option in my opinion is to file under chapter 13. You could propose a plan of repayment for 3 to 5 years paying a portion of the past due mortgage while keeping current on your mortgage payments as they become due. Please feel free to call me to discuss your situation in more detail. ph. (800) 303-0720

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Answered on 1/28/03, 5:39 pm


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