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Reaffirm vs just keep paying?

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    Reaffirm vs just keep paying?

    I have some questions about what it means to reaffirm...is that different from just continuing to pay your regular payment to a mortgage or auto loan?

    I filed Chapter 13 and am waiting for confirmation. My mortgage and my car loan are current, and have never been late. I am keeping them and they are both being paid outside of my Chapter 13 plan (5 years). My issues causing bk are that when I got out of college I was stupid, naive and generous with family and "friends"(deadly combination) ,and credit cards that i used to help pay my moms medical bills.

    I have no savings, no retirement, nothing. I owe more on my car than it is worth, but I need to keep it. I have a really high income ($128k), but with the bk monthly payment ($1500) and the mortgage payment ($1490), plus my other bills, it doesn't leave me much to work with. I know you are going to say that I should have plenty left, but I have very high medical copays and I have a heart problem that has me constantly at the doctor and on expensive medication.

    I am nervous that I have no emergency savings....if I lose my job I am screwed. Plus I really HATE my career, and hoped to go back to school to get a PhD and pursue my passion, but now I feel like I am a slave to my paycheck and school is out of the question. I am so depressed.

    I wish I never bought my townhouse, I have had it for 3 years. I got a 100% mortgage ( $170, 750) with a 7 3/4 % interest rate, plus I have PMI.

    Is it the responsible thing to keep this house, or should I try to sell it and rent for a while until I have savings and a retirement account, and then try again to buy something in a few years? I am 33 years old, and single. I am determined to make this a learning experience, and don't want to keep making more financial mistakes. Is it a mistake to sell it? Is it a mistake to keep it? Argh!!

    If I keep the house, and decide to sell later while I am still in the Ch 13 payment plan, can I do that? What would happen? Do I need to reaffirm something?

    #2
    Reaffirmation agreements happen in ch. 7 only.

    If ultimately you change your mind to surrender secured items in a 13, you'll need to amend your plan. If you are upside down and cannot sell for what you owe, that would be an option and the same end result as 'walking away' in a ch. 7 where you do not reaffirm. Except any balance owed would become unsecured in your plan.

    If your plan does not allow enough to live on, have you contacted your atty to discuss current expenses and possibly a plan modification?
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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