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Can I keep my second home if I file Chapter 13?

Writer Emily Carr

Even if your second home is a net expense, a chapter 13 plan that pays 100 percent of your debts may allow you to keep it. This is a rare exception, however, since you would generally avoid filing for bankruptcy at all if you’re able to repay all your debts, even if you need three to five years to do so.

What happens to your mortgage when you file Chapter 13?

Chapter 13 bankruptcy does not affect your home mortgage. You continue to make your mortgage payments during and after the bankruptcy. If you are behind in mortgage payments, you can pay off the arrears through your Chapter 13 repayment plan (which lasts three to five years).

What if I lose my job while in Chapter 13?

If you lose your job during the Chapter 13 repayment period, you can petition the Bankruptcy Court for a modification or a hardship discharge. You use your income to make plan payments to the bankruptcy trustee, usually on a monthly basis.

Can you get rid of your second mortgage in Chapter 13?

Learn more about the Chapter 13 bankruptcy repayment plan. If the balance on your first mortgage is greater than the value of your house, you might be able to get rid of your second mortgage (or other junior liens) in Chapter 13 bankruptcy through lien stripping.

Can You Keep your mortgage if you file Chapter 13 bankruptcy?

In Chapter 13 bankruptcy, you can keep your home and continue with your current mortgage. If you file (and qualify) for Chapter 7 bankruptcy and your home is exempt, you can continue to make your mortgage payments if you want to keep your home.

Can You Keep your home if you have a second mortgage?

Chapter 13 is often the best option if you want to keep your home; if you have a second mortgage and file Chapter 13, your second mortgage might be released if it is considered unsecured debt. Chapter 13

How does Chapter 13 affect your mortgage payments?

Chapter 13 bankrupcy does not affect your home mortgage. You continue to make your mortgage payments during and after the bankruptcy. If you are behind in mortgage payments, you can pay off the arrears through your Chapter 13 repayment plan (which lasts three to five years).