I am behind on my mortgage. I do not want my home to go into foreclosure. I would like to file bankruptcy but I am a co-owner of a home. I am not married to the other party. We are both on the loan. Can I still file bankruptcy and include the house without him? Would we both have to file bankruptcy? Do i need the other party consent for anything? Which bankruptcy would i file? What options do I have?
Because you and the other co-owner are not married, you cannot file a joint petition. It is not necessary for you both to file, however. Section 1301 will protect the non-filing owner. The problem is that after you file you will be required to start making the full monthly payment on the house AND making your Chapter 13 payment. If you are behind on the mortgage now, how will make BOTH of these payments in the future? Will the other owner hep you make the payments? See a good bankruptcy attorney immediately. If you cannot solve the problem of how to make both the ongoing mortgage payment and the monthly Ch 13 payment, it may not be a good idea to file a Ch 13.
This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.
First you need to consult with a bankruptcy attorney. To file to save the home, you fie a Chapter 13 and only one of you need to file...in fact since you are not married, you can't file together. Speak to a bankruptcy attorney ASAP, the loner you delay, the more expensive it gets as you fall farther behind.
When chapter 13 is used to bring a loan current, any co-owner could file the bankruptcy case. Participation or consent by the other co-owner would not be needed.
Whether such a chapter 13 plan makes sense would involve a full review of your finances. Depending on exact situation there might be more or less options that are practically available. Give me or another attorney in the area a call to get a more individualized assessment.
I'm a <a href="http://www.eastwakebankruptcy.com">North Carolina bankruptcy attorney</a>, licensed to practice law in NC only and concentrating in the areas of bankruptcy and consumer debt law. This post does not create an attorney-client relationship, and is for general information only.
The reason only one of you needs to file is due to section 1301, which states something to the effect that the automatic stay extends to codebtors.
Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.
One or the other of you can file and you would not need your co-owner's permission. As my colleague advised because you are not married to him, you cannot file jointly. If you'd like to speak with me about your options, call me, I'd be happy to set up an appointment to talk with you.
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