Now, when we speak about keeping your home, we really are speaking about two issues. One, can I protect the equity in my home if I file Chapter 7 Bankruptcy? That is a yes and is covered above. Second, do I still have to make payments to my mortgage company to keep my home? This is where it gets a little tricky. Technically, a bankruptcy discharge results in your liability on the mortgage going away. You are not legally required to pay the mortgage and the mortgage company cannot sue you for payment. However, the bank’s security interest survives the bankruptcy. This means if you don’t continue to pay on the mortgage you will lose the home to the bank who will exercise their security interest against the home.
This same thing applies to vehicle loans too. You are not liable on the loan after bankruptcy but if you want to keep the vehicle secured to the loan you must continue to pay on the loan.
When the time is right, or when you are ready to get your life back, reach out to Minnesota’s oldest bankruptcy law firm at www.kainscott.com. You will be glad you did!