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Remove a Second Mortgage from Your Home in A Chapter 13 Bankruptcy
Homeowners whose homes are over-burdened with mortgage debt beceause of the real estate bubble have recently been given a powerful tool to help them stay in their homes. In Fisette v. Keller the 8th Circuit Bankruptcy Appellate Panel ruled that people who file for Chapter 13 protection can remove a wholly unsecured second mortgage on their home in bankruptcy.
Read MoreWhat Do I Bring to The Meeting of Creditors?
There are 2 things you must do after your case is filed: (1) attend the meeting of creditors (aka the 341 hearing); and (2) complete a debtor’s education course via phone within 75 days from the date your case was filed. The 341 hearing is sometimes referred to as the meeting of creditors because your creditors can attend the meeting and ask you questions about the information contained in your petition.
Read MoreHow Do I Stop or Postpone the Foreclosure of My House?
In general, you have 4 options in order to delay the date of the foreclosure sale and which one you choose depends on what you wish to accomplish, the first 3 I’ll mention assume you wish to keep the house, the last option assumes you wish to let the house go, but stay in it as long as possible:
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