Legal Question in Bankruptcy in Connecticut

chapter 7 or 13 ?

i have questioned 2 attorneys , i am in foreclosure and need to file bankruptcy, i have several liens on my property, with my wife as an exemption and myself , our house appraised at 270k , one attorney says go chapter 7 the other says 13???

which is correct will chapter 7 also save the home?


Asked on 12/18/06, 5:42 pm

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: chapter 7 or 13 ?

If your home has equity of $75,000 per person (if the house is in both names $150,000) then you could file a Ch. 7, but it will not permit you to bring the mortgage current. In a Ch. 13 you can bring the mortgage current through the Ch. 13 Plan. Some lawyers use a Ch. 7 first to discharge all of the unsecured debts, and then file a Ch. 13 to only deal with the mortgage arrearage (this is sometimes called a Ch. 20). It is really a question of timing and personal preference for the attorney.

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Answered on 12/21/06, 4:40 pm


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