Surrendering Your Home in Chapter 7 Bankruptcy

August 6th, 2009 by Reed Allmand

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We’ve often talked about saving a debtor’s home using bankruptcy; but sometimes a bankrupt debtor may discover that surrendering their home during bankruptcy may be the most logical solution to their financial problems. If you file bankruptcy and decide to surrender your home to the mortgage lender, there are a few things you need to know.

  1. Even if a debtor surrenders his/her home during a Chapter 7 bankruptcy, the creditor must still foreclosure on the property to receive ownership on the property.
  2. The debtor will remain the owner of the property until the creditor forecloses and obtains ownership.
  3. If the creditor has not foreclosed on the property, the debtor is still responsible for maintaining the required insurance on the home. This is important because if someone is injured on the property, the debtor could be held liable (if there is no insurance).
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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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