Can I amend my Chapter 13 bankruptcy from 2 years ago to give up my house?

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Can I amend my Chapter 13 bankruptcy from 2 years ago to give up my house?

I am divorced and was not awarded the house. My ex has vacated and is not making payments. The bank will not take my name off of the loan.

Asked on September 27, 2011 under Bankruptcy Law, Missouri

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 11 years ago | Contributor

Yes, you can surrender your house, but if the payments being made on the house were part of your income/expense budget in determining your plan payment, you will need to modify your plan to most likely increase your monthly payment.  You need to consult with your attorney on this.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 11 years ago | Contributor

Yes, you can surrender your house, but if the payments being made on the house were part of your income/expense budget in determining your plan payment, you will need to modify your plan to most likely increase your monthly payment.  You need to consult with your attorney on this.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


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