Legal Question in Bankruptcy in Utah

how can I keep my house and file bankruptcy

I am 10 months delinquent on my mortgage along with other debts. I have no equity in my home but no second mortgage either. If I file a chapter 7 is there any way to keep my home? Obviously the mortgage company has little faith in me.


Asked on 11/27/00, 5:30 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: how can I keep my house and file bankruptcy

In Chap. 7, you would have to bring the mortgage current to keep the house. In Chap. 13, you could pay off the arrearage over time (3-5 years). See an experienced bankruptcy lawyer in your community.

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Answered on 11/29/00, 4:48 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: how can I keep my house and file bankruptcy

You will have to make up the delinquent payments in Chapter 7. However, if you file a Chapter 13 (wage earner) you can propose a plan to keep the house by starting and continuing payments plus proposing that the delinquent payments be repaid over time.

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Answered on 12/04/00, 9:59 am


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