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Chapter 7 and Mortgage

Submitted by on Wed, 01/28/2009 - 22:11
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If I am trying to do chapter 7 on about $170,000 in credit cards but want to keep my home that is current, will I have a problem? my mortgage payments are fairly large and the only reason I can keep my home is because I have two room mates living with me that are helping pay over half my monthly mortgage.
Can judge deny me keeping a home I can't afford myself while BK credit card debt? My income is awful this last year and half so i know I can show hardship, just concerned he can find my home to be something I don't need. let me know. Thanks.


Also, my home has no equity but only asset with any value would be my car that i don't have a loan on. just concerned with my home being such a large mortgage payment whether they can argue that I shouldn't be keeping it. my credit card debt is three cards with about $50,000 each which is also large making me concerned as well.


Submitted by on Wed, 01/28/2009 - 22:54

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It is to my belief that if there is no equity in the house, you'll be alright. They will probably want some kind of proof of "no equity" by either an appraisal or having a Realtor do a comparative market analysis. If it is found that there actually is equity in the house, it could make a difference in who's name the house is titled under. If it's titled in all 3 names, you would only have a third of the interest, which possibly could help. I don't think the large mortgage payment should matter, but am not certain. The information I gave you is what I have heard, but hopefully some one else can verify.


Submitted by on Thu, 01/29/2009 - 04:46

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