Can I give up my house under chapter 13 if I just cannot afford it?
Atlanta, GA
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Posted 4 months ago in Bankruptcy / Chapter 13
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I want to file for chapter 13 and only want to protect my 2 cars - I do not want to keep my mortgage as it has fallen in value and has created a negative vaue.
Answers (1)Kristine Caroline Kyllander
This attorney is licensed in California.
Posted 4 months ago.
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If all you want to protect is your cars, I wonder why you aren't looking at Chapter 7 as a better alternative? You can surrender your home and a receive a discharge of the mortgage liability under either Chapter. If you have a second mortgage on your home which is causing the property to be upside down, I would also look at a Chapter 13 scenario where you strip the lien held by the 2nd mortgage as often this will put you back in a situation where you are comfortable and able to keep your home.
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