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Yes. If you file Chapter 13 and are able to continue to make regular monthly mortgage payments, your house cannot be foreclosed on while you are in Chapter 13. The important question is, “Can you afford your future payments?” If so, Chapter 13 is a great option for you. Any past due payments on your […]
For both Chapter 7 and Chapter 13 bankruptcy, you should bring to your 341 Meeting of Creditors: 1. your driver’s license: 2. your social security card: 3. Proof of your car insurance: 4. Proof of your house insurance and: 5. Proof of your post-petition mortgage payments. If you can’t find your social security card, bring […]
If you have a first and a second mortgage, you may need to consider bankruptcy even if you are willing to let the house get foreclosed. For more information on second mortgage issues, please see click here. If you have only one mortgage and you don’t have any other debt issues, you probably don’t need […]
In Georgia, if you file Chapter 13 bankruptcy or Chapter 7 bankruptcy, the answer is never. Creditors can’t sue you in a Chapter 13 and a second mortgage holder can be wiped out in a Chapter 7 and a Chapter 13 if you are surrendering the house. In bankruptcy, the automatic stay protects you from […]
If you have a car that was purchased more than 910 days before you file bankruptcy, Chapter 13 might be a better option for you as opposed to Chapter 7. In a Chapter 13, if your car was purchased more than 910 days before filing, section 506A valuation will apply to your plan. This means […]
Yes. While a second mortgage holder may have the power to foreclose, they almost never take this course of action unless there is a significant amount of equity in the home. In order for a second mortgage holder to foreclose on your house in Georgia, they must first pay off the first mortgage holder. Most […]
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