Skip to main content

I am in Keep Your Home California program where they are paying my mtg payment. Can I file chapter 7 now on my credit cards?

Riverside, CA |

Specifically, I am in the Unemployment Mortgage Assistance program. If I file now (while they are paying payments on my behalf) will that throw me out of the program? I am being sued and harrased by credit card creditors and really need to file, but want to be sure I won't lose this important benefit.

Attorney Answers 3


  1. I do not know the answer to your specific question. Perhaps someone can give you a definite one but I suspect not because the program is so new. I write only to advise that, in my opinion, you should hold out as long as possible before you file for BK -- at least until you are back on your feet or some other circumstances makes filing a necessity. Simply being annoyed and harassed by creditors is not good enough reason, in my opinion, to file for BK. You can adopt practices which will make them go away.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. In order to answer your question, someone would need to be familiar with the terms and conditions of the program you are involved in. I would suggest that you take the paperwork you agreed to with you to an appointment for a consultation with a local bankruptcy attorney.

    I agree that bankruptcy isn't a step you will want to take merely due to creditor harassment. You would need to have an overwhelming amount of debt that you could never reasonably expect to repay if things turned around for you. Since you didn't indicate the amount of your credit card debt, I am unwilling to guess whether the amount of your debt makes a bankruptcy a smart choice.

    Hope this perspective helps!


  3. Get a consultation with a bankruptcy attorney. It's important to evaluate your complete financial situation to figure out how to best proceed. When to file can be as important as whether to do it at all. The attorney will want to know more details about debts, income, assets, and living expenses.