Question For Qualified: Is There A Way To Protect Your Home In A Chpt 7?I have met with three attorneys through the initial phase of interview for a CH 7 BK. Each says that although a BK filing for a CH 7 involving credit card (unsecured) debt should go through and be discharged fairly routinely, that there is a possibility that the mortgage holder (of the family home of 12 years) may not renew or " reaffirm" the mortgage note,despite the mortgage, taxes and homeowner insurance never having been late and is presently current. This possibility (of being ordered to surrender the property, or call the note due and payable in full) along with that of losing cars and other assets that have already been paid in full (some like cars that took 5 years to pay off, in good faith) has KEPT ME FROM PURSUING the CH7. (Total cc debt of $80K)
I would appreciate someone herein to please address this concern. Most of the legal advice I have received urges me to move forward with the BK, stating only that: "It is unlikely that these items of concern will have to be surrendered." and, "In all of the cases I have had all have been reaffirmed, but there are no guarantees.)
This rather cavalier attitude seems to be a crap shoot to me, and I hardly want a mortgage on my family home that has been paid on-time for 12 years, and cars that have been paid off (and are older, for that matter) to be on the trustee's arbitrary green-felt table.
Are there no guarantees of our right to ownership, as far as our home and immediate possessions are concerned? (state of TN)
I have paid all bills for over 25 years on time and most in full, until just last year when numerous personal challenges (medical, corporate retirement plan was not properly funded, family member died, business closed) - interrupted life as usual.
Constructive and knowledgeable legal or experience-ba
1VOICE 46-50 3 Responses 0 Jul 22, 2012