I do intend to file this case by myself, so that means without a lawyer. so I need all the info that I can get without consulting a lawyer.
Sure, you are able to get mortgage arrears discharged so long as you surrender the house.
Don’t want to surrender (give back to the lender) the house? Your choices are: catch up first, then file Ch 7 and reaffirm, or file Ch 13 and include mortgage arrears in Ch 13 repayment plan. If you do the latter, you really need to have a bankruptcy attorney. It is extremely rare that an individual without legal training actually gets this right, regardless of which "websites" or "helpful forms" they get from anywhere that CLAIMS to "helpfully" "help" you "save money" by not hiring a lawyer. A website is no substitute for an attorney, and if your house is on the line … well, you decide whether its worth losing your house to save an attorney fee.
Sure, you are able to get mortgage arrears discharged so long as you surrender the house.
Don’t want to surrender (give back to the lender) the house? Your choices are: catch up first, then file Ch 7 and reaffirm, or file Ch 13 and include mortgage arrears in Ch 13 repayment plan. If you do the latter, you really need to have a bankruptcy attorney. It is extremely rare that an individual without legal training actually gets this right, regardless of which "websites" or "helpful forms" they get from anywhere that CLAIMS to "helpfully" "help" you "save money" by not hiring a lawyer. A website is no substitute for an attorney, and if your house is on the line … well, you decide whether its worth losing your house to save an attorney fee.
References :
Former Legal Assistant with a bankruptcy law firm – whose attorneys made lots MORE money cleaning up after the mistakes made by people who tried to file their own bankruptcies than they would have made if those clients had just gotten an attorney in the beginning and done it right in the first place.
The fact you don’t know is proof you should NOT file without an attorney. You are likely to spend MORE than the attorney would charge, just to be told you don’t even qualify to file. Some things should NEVER be done on your own. Bankruptcy is one of those things.
References :