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I already filed bankruptcy, put on my application that I want to keep our house. Now I want to add the house to the bankruptcy

Denver, CO |

What forms do I need to fill out? What do I need to do to add house to bankruptcy? We have not been discharged yet.

Attorney Answers 3

  1. If you are assisted by an attorney, ask your attorney.

    If you are pro se and not assisted by an attorney, you are responsible and on your own for knowing the law and filling out the forms.

    There may be more information relevant to an individual debtor's circumstances. With what's at stake, consulting with an experienced bankruptcy attorney licensed to practice in your state may be a good idea.

    If you want to know more about the meaning of certain key words used in bankruptcy, see the federal courts' web site for a glossary of bankruptcy terms:

    My law firm is a federally designated debt relief agency and helps people in Colorado file for bankruptcy relief under chapters 7 and 13 of the Bankruptcy Code.

  2. At a minimum, and depending on the status of the bankruptcy, you would need to amend your Statement of Intent. However, the who, what, and how questions you will need to figure out. The CO bankruptcy court website has some pretty good information online.

  3. The answer to this question depends on whether you are in a Chapter 7 or Chapter 13 Bankruptcy. If you are in a Chapter 7 bankruptcy, you simply need to amend your Statement of Intentions filed with your bankruptcy paperwork to indicate that the house will be surrendered. File the Amended Statement of Financial Affairs with the court and serve a copy of the amendment on the mortgage creditor(s) and the bankruptcy trustee.

    If you are in a Chapter 13 bankruptcy, you will need to file an amendment (or modification, if it's post confirmation) to the Chapter 13 Plan. Best to get an attorney to help you with this to make sure it's done correctly as there are additional terms you will want to include to ensure the creditor promptly forecloses on the home.

    While I would love to be your attorney, and, if you are located in California you may call my office any time to schedule a FREE consultation, the information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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