Is a Chapter 7 debtor’s home mortgage limited to reaffirmation, redemption or surrender, after exempt?
December 28th, 2008lepooche asked:
I am waiting for my attorney to get back to me next week. In the meantime if anyone knows the answer to this, I would really appreciate it. I have already filed and had my court date for my Chapter 7 bankruptcy. My Chapter 7 bankruptcy will be finalized on January 30 2007, and I will be released of all unsecured debt.
On my Debtors Statement of Intention document, we put Surrender for my car, and that’s exactly what I’m doing with it.
For my house we put Exempt which made the equity exempt and allowed me to keep the home without a forced sale. The problem and question is with my home. The mortgage company’s lawyer is pressuring me to Reaffirm by January 30. She says of I don’t sign the reaffirm agreement then it will default to Redeem Redeem seems to mean pay a lump sum or surrender the property? The question is; Is a Chapter 7 debtor’s home mortgage limited to reaffirmation, redemption or surrender, after Exempt? My attorney says there is a 5th choice, do nothing.
EMMANUEL
I am waiting for my attorney to get back to me next week. In the meantime if anyone knows the answer to this, I would really appreciate it. I have already filed and had my court date for my Chapter 7 bankruptcy. My Chapter 7 bankruptcy will be finalized on January 30 2007, and I will be released of all unsecured debt.
On my Debtors Statement of Intention document, we put Surrender for my car, and that’s exactly what I’m doing with it.
For my house we put Exempt which made the equity exempt and allowed me to keep the home without a forced sale. The problem and question is with my home. The mortgage company’s lawyer is pressuring me to Reaffirm by January 30. She says of I don’t sign the reaffirm agreement then it will default to Redeem Redeem seems to mean pay a lump sum or surrender the property? The question is; Is a Chapter 7 debtor’s home mortgage limited to reaffirmation, redemption or surrender, after Exempt? My attorney says there is a 5th choice, do nothing.
EMMANUEL









