Comments on: Will I Lose My Home If I File Chapter 13 Bankruptcy?

By: Tina

Tina — Fri, 06 Aug 2010 21:04:31 +0000

I own my home (with ex-husband) the land taxes have not been paid, I was in rehab for the last year and a half, I have no credit cards, but I have acquired around 11,000 in medical bills. currently, I am on food stamps, staying with my daughter, will start a job in a few days that does not even come close to paying these bills. I am worried about phone harrassment, lawyers, and wage garnishments. My question is “Should I file Ch,13? would this have an impact on my home in any way. I owe over 900.00 in land taxes

By: Weston

Weston — Thu, 01 Jul 2010 15:23:00 +0000

I see no benefit of a 13.

I see very real benefits for a 7 depending on the amount of debt and the applicability of exemptions.

If she doesn’t pay and doesn’t file she’s in a situation where a disabled person spends much of the next few years being sued, appearing at hearings, sitting for depositions, answering discovery etc. As opposed to a Chapter 7 case which usually involves only one court appearance at a meeting of creditors.

There is also the peace of mind of not having a lien on her property and being able to do with it as she sees fit without having to worry that she (or her heirs) will have to deal with satisfying a lien.

Again, this all depends on amount of debt and what assets she has and whether those assets are exempt or non exempt.

By: Neal

Neal — Thu, 01 Jul 2010 14:26:13 +0000

Thanks Weston……great input. Another confirmation that “V” should be talking to a competent attorney.

By: Neal

Neal — Thu, 01 Jul 2010 13:04:23 +0000

What would be the benefit of 13 or 7 for her? Why does she need to file in your opinion?

By: Weston

Weston — Thu, 01 Jul 2010 12:34:16 +0000

If I was her I would go to bankruptcy attorney, determine whether her home and disability payments are exempt and if so, file a Chapter 7. Based upon the facts as given I’m not sure why she would consider a 13 over a 7.