Legal Question in Bankruptcy in Texas

Can you home be taken if you file Chapter 13 bankruptcy?

Can your home be taken if you file Chapter 13?


Asked on 10/10/00, 5:12 pm

2 Answers from Attorneys

David Sergi Sergi and Associates PLLC

Re: Can you home be taken if you file Chapter 13 bankruptcy?

No, unless you cant pay off the arrearage in the plan, cannot make the post petition payments on the mortgage or the IRS is really nasty.

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Answered on 11/06/00, 9:17 am
Lawrence Maun Lawrence J. Maun, P.C.

Re: Can you home be taken if you file Chapter 13 bankruptcy?

Not if you provide for payment of the mortgage owed on it, the property taxes due on it and for payment of any other liens that have attached to it, which do not exceed the value of the home. If you are behind in payments, the delinquest payments can be spread over 3 - 5 years in your Chap 13 Plan. You will have to make your post petition payments on time. If you are behind in property taxes you can spread payment of those out in your plan.

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Answered on 11/06/00, 4:10 pm


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