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  1. #1

    Default Mom Considering Bankruptcy

    My question involves bankruptcy in the state of: CA. My mother is considering bk & letting the house go, (me as co-owner). She has 2 loans on this house. The (1st)mortgage loan $400,000 & (2nd) HELOC $45,000, the 2nd under my name alone. If she takes this route, I know my credit will be damaged as well as hers. She's giving me a definite that she can no longer afford the house. She just wants to get it off her back. However, she still wants to keep her transportation (her van). She can still afford it. Under which chapter should she file?

    There is no other way that I would be able to pay this $45,000 debt at 11% interest which was taken out due to an emergency such as death in the family. As long as I'm still working, I still have a family of my own to support & a roof to keep over our heads. With prices on gas, groceries, everything going ridiculously high, I do feel that recession is imminent. At this point, I feel that I have no other choice but to file bk. I too still need my vehicle to commute back & forth to work. Can I file bk & still keep some obligation such as a vehicle? If so, under which chapter?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Mom Considering Bankruptcy

    She should consult a bankruptcy lawyer and determine her best approach to bankruptcy after consulting her lawyer. We don't know her financial circumstances or if she would even qualify for Chapter 7. Also, if the only debt she is concerned about is her house and it's a purchase money mortgage, as the second mortgage isn't under her name, she may be able to simply allow foreclosure and not go through bankruptcy.

    You should be able to keep your car in bankruptcy, whichever Chapter you file. Again we don't know your financial circumstances or whether you would even qualify for Chapter 7 under the current means test. Talk to a bankruptcy lawyer.

    How upside-down are you?

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