Legal Question in Bankruptcy in Texas

Chapter 13 vs. Chapter 7

I have $10,000 in unsecured debts, and am $3500.00 behind in my mortgage, which is the only secured debt I have. I would prefer to do away with the unsecured debts, as in Chapter 7, but would prefer to keep my house. Can I file Chapter 7 and keep my house?


Asked on 8/19/03, 9:47 am

2 Answers from Attorneys
Michael Dover Michael A. Dover, PC

Re: Chapter 13 vs. Chapter 7

Yes, if you can either catch up the mortgage or make arrangements with your mortgage company to catch up the mortgage.

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Answered on 8/19/03, 11:29 am
Andrew Nichols Law Office of Andrew B. Nichols

Re: Chapter 13 vs. Chapter 7

You can file a chapter 7 case and keep your house. However, your past due house payments would need to be paid back very quickly (possibly within 45 to 60 days). If you cannot pay back the $3,500 quickly then I strongly suggest you file a chapter 13 case. Even though you file a chapter 13 case much of your unsecured debt will probably be "discharged" (a fancy bankruptcy term that means eliminate). So you really don't gain a whole lot by filing a chapter 7 based on your circumstances. Please feel free to call me to discuss your case in more detail. ph (972) 231-5500 or (800) 303-0720

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Answered on 8/19/03, 11:36 am


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