If I filed Chapter 7 but can no longer afford to make the payments, am I still protected under the Chapter 7?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I filed Chapter 7 but can no longer afford to make the payments, am I still protected under the Chapter 7?
I made 3 payments on my mortgage after filing bankruptcy.
Asked on April 26, 2011 under Bankruptcy Law, Rhode Island
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Did you use an attorney to help you with the filing of the bankruptcy or did you do it yourself? Has there be a referee appointed in the matter as of yet? If you have listed the lender who holds the mortgage as a creditor on your bankruptcy petition and you have not reaffirmed the mortgage ( meaning that you have not said that you are going to continue paying it and in a way exempt it from bankruptcy) then you should probably be ok with not paying it anymore. I would have a talk with your referee and with your attorney to be sure. Better safe than sorry. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.