If I filed Chapter 7 but can no longer afford to make the payments, am I still protected under the Chapter 7?

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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 10 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.


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