If I wanted to file chapter 7 can I keep my house and car?

Asked almost 5 years ago - Phenix City, AL

I'm currently behind on morgage payments 3 months but is in a repayment plan, but still having a hardtime paying.

Attorney answers (1)

  1. Vincent A. Gorski


    Contributor Level 11

    Answered . If you are behind on mortgage or car payments and file Chapter 7, you will most likely have to either: (i) give the creditor the house or car; or (ii) make arrangements to make up all of the back payments immediately.

    If you simply need some time to catch up on back mortgage payments, under Chapter 13, the arrearage can be paid through the Chapter 13 plan, over three to five years, and you can keep the car or house so long as you remain current on the monthly payments.

    Additionally, keep in mind that if the equity in your house exceeds your state's allowable exemption, then the Chapter 7 Trustee will probably seek to take the house to realize the equity for the benefit of your unsecured creditors. In other words, another point you need to consider when deciding whether to file a Chapter 7 of Chapter 13 bankruptcy is whether the equity in the property exceeds the allowable exemption.

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