Legal Question in Bankruptcy in Pennsylvania

confused in chapter thirteen

I am married but filing chapter 13 only on my credit cards which total $44,000.00. I had my hearing and the trustee asked me if I was going to surrender my home. My attorney had it in my papers that our home equity loan would be paid by my husband. The loan is in his name only. I am a caregiver for my mom and she pays me $500.00 per month. My pymnts would be $300.00 per month. Can they take my home and car ? My attorney says no, but the trustee was mad when I said not to surrender my home. Please help !!!!!


Asked on 3/23/07, 10:52 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: confused in chapter thirteen

I'm a little confused by your question. If this a joint husband and wife bankruptcy then all of your debts have to be listed and here in the Western District the Court requires that mortgages be paid through the Trustee. If it is a bankruptcy for you alone and you are a tenant by the entireties on the home which is encumbered with a mortgage which I assume is pretty close to its value, then you may want to ask your attorney if it might be worthwhile to convert the case to a Chapter 7. In any event you need to discuss this with your attorney.

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Answered on 3/24/07, 12:23 pm


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