3 things to consider before filing Chapter 13
May 1st, 2009If you’d like to reorganize your debts and pay them off by filing bankruptcy, then Chapter 13 is what you may have thought of. This is what helps you to restructure your debts and pay them back over the next 3-5 years. However, prior to filing Chapter 13, consider the 3 things as given below:
1. Adjustment of your loan payment: Even though you can restructure loan payments by filing Chapter 13 bankruptcy, things may not be that easier for you. This is because the loan payment may increase while you’re in Chapter 13 bankruptcy.
The lender is not obligated to negotiate with you and modify your loan terms. Moreover, you may be able to adjust payments on one mortgage but not on the other on your primary residence.
2. Getting rid of second mortgage: Chapter 13 filing may not be enough to help you restructure your second mortgage payments. Say for example, you have a first mortgage balance worth $350,000 and a second loan balance worth $80,000. Now, if your home value is $400,000, then you’ll hardly be able to pay off your first mortgage dues.
As per laws in California, in the midst of housing crisis, one can eliminate liens due to mortgages only if such liens are not secured by the equity in a property. So, if we consider the example given above, the second mortgage would be actually an unsecured lien as you won’t be able to pay it off under Chapter 13 repayment plan. So, the second mortgage lien can be eliminated from the title once you complete the 3-5 year repayment plan.
3. Your affordability to keep the home: Prior to filing Chapter 13, you need to understand and find out if at all you can afford to keep your home. Only then filing Chapter 13 and starting over your payments make sense.
