Legal Question in Bankruptcy in Pennsylvania

Discharging Debts in Chapter 7 and Reaffirming in Chapter 13

Can I discharge my unsecured bebt in chapter 7 and then file Chapter 13 to reaffirm my 1st and 2nd mortgage and car?

If so, how would that work?

Thanks you


Asked on 1/04/03, 6:51 pm

1 Answer from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: Discharging Debts in Chapter 7 and Reaffirming in Chapter 13

You would not need to file a chapter 13 to reaffirm your mortgage and car obligations. You can reaffirm in a chapter 7 case and be finished with your case in about 5 months. If you are behind on your mortgage, etc., then you would need to consider repaying the mortgage or car loan over 3 to 5 years in a chapter 13. If you are current or within one or two months from being current in your mortgage a good lawyer can provide you with a strategy to avoid filing chapter 13. IF IT ALL POSSIBLE avoid chapter 13 (which takes a minimum of 3 years) and file under chapter 7. Please call me. I would be happy to speak with you personally. ph. (800) 303-0720

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Answered on 1/05/03, 5:56 pm


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