Legal Question in Bankruptcy in Virginia

Our chapter 7 bankruptcy was discharged in 11/2008. We never reaffirmed our house, just continued making the payments. Since my husband lost his job and had to take a pay cut, we are having to file a chapter 7 again. Are we able to file on the past due payments we are in arrears on with the house?

Asked on 1/20/17, 1:02 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

As long as it's the same loan (no refinance), and you did not reaffirm, the loan is discharged in the prior case (including past due payments). However, if you want to keep the house, you will have to catch up on the payments. A Chapter 7 does not provide for catch-up, but a Chapter 13 may allow you to do that. See a bankruptcy lawyer to discuss your options (do not try to do this on your own).

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Answered on 1/20/17, 2:37 pm

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