Legal Question in Bankruptcy in Utah

Revoke reconfirmation Chaper 13 Bankruptcy

I file Chapter 13 bankruptcy in 10/2000 all debts were dismissed except we have continue (reaffirmed) our home loans. We have continue to pay the monthly payments. However, my husband has no subcummed to drug use again and he is no longer working or able provide for his family. He has moved out of the house and I am in the process of filing divorce papers. However I am unable to pay the house payments on the home and I currently inarrears.

I had sent a personal request to both mortgage holders asking to reaffirm my loans. I never rec'd an actual letter or contract from them accepting my terms but I have continued to make payments.

I owe 100% on my home. I owe $190,000 and by obtaining market analysis I don't think I can sell my house and get out of it what I owe, but I am going to try.

However if I can't, can I stop making those payments and surrender the residence and have those charges still dismissed as part of my bankruptcy or is that invalid since I have continued to pay on the loans?

I really need some help and I called my attorney but he could not answer the question for me and I am waiting for him to find out.

Thank you for your help

--

801-561-0303


Asked on 4/02/01, 1:33 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Revoke reconfirmation Chaper 13 Bankruptcy

Your attorney should file a motion to reopen your bankruptcy and have the plan amended. I suspect you filed a Chapter 7, otherwise you would be paying something each month to the bankruptcy trustee. In either event you should be able to get some relief.

Read more
Answered on 6/05/01, 6:51 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Utah