Legal Question in Bankruptcy in Texas

Do I have to keep my house?

I would like to file for bankruptcy due to many medical bills. Which would be the best way to file if I do not want to keep my house. Or, can I even file if I do not want to keep my house?


Asked on 2/26/02, 11:07 am

3 Answers from Attorneys

Lawrence Maun Lawrence J. Maun, P.C.

Re: Do I have to keep my house?

You can keep your house filing either a Chapter 7 or a Chapter 13, but you will have to reaffrim the house debt in a Chapter 7. In other words regardless of the Chpater you file, if you want to keep the house you will have to pay the house note. Larry Maun 713.266.2560

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Answered on 2/26/02, 11:58 am
Andrew Nichols Law Office of Andrew B. Nichols

Re: Do I have to keep my house?

Short answer -- You should file under Chapter 7.

I recommend that most clients should file for Chapter 7 bankruptcy. It is the least expensive and gives the filer complete relief from your debts. If you file under Ch. 7 you would not be forced to surrender or give up your house. But, if you believe you it is truly in your best interest to give it up then you can give up the home and eliminate your debt on the mortgage. I really feel you should consult with a bankruptcy lawyer because in 99% of the cases I have tried to keep the house for the client. Even if you have a serious health condition and are not able to maintain the home, you could sell the home after the bankruptcy case was finished. The value of your home (even the cash value from the sale) is YOURS! You worked hard for it and you deserve to keep it. READ MY FIRM'S PHILOSOPHY. If you live in the DFW metro area I would be pleased to handle your case. ph. (972) 231-5500 or (800) 303-0720

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Answered on 2/26/02, 12:50 pm
Cole Fulks Cole Fulks, P.C.

Re: Do I have to keep my house?

To discharge your medical bills, you would file under Chapter 7. If you want to keep your house and you are current on your payment obligation, it should not be a problem. If you decide not to keep your house, you can either allow it to go into foreclosure outside of bankruptcy, or negotiate the surrender of the property through your bankruptcy case.

If you are filing for bankruptcy in the Dallas/Fort Worth area, feel free to contact me for legal representation.

Cole Fulks 817.377.2521 [email protected]

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Answered on 2/26/02, 2:00 pm


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