Mortgage can't be discharged in CH 13?

[IBroke]

Hi,

I was wondering what's going to happen to your first mortgage once you receive a CH 13 discharge. I do know that a totally unsecured 2nd mortgage can be stripped and will be wiped out when discharged - but I found statements on the internet that say that a home mortgage (aka longterm commitment) can't be discharged in a CH13 - so there is still the lien AND the personal liability on the mortgage although you made the payments on that mortgage (plus trustee-fee) for either 3 or 5 years BUT the personla liability is not discharged?

That would be bad. I thought you could discharge more in a CH 13 than in a CH 7....

[newbie2]

No, it is not discharged unless you surrendered your home in the plan. It's one of the big differences between a Chapter 7 and a Chapter 13.
Actually, a Chapter 13 isn't for "discharging more", it's a protected payment plan. A re-organization of your debts so to speak. Your unsecured
debts become discharged, not your secure debts.

[IBroke]

No, it is not discharged unless you surrendered your home in the plan. It's one of the big differences between a Chapter 7 and a Chapter 13.
Actually, a Chapter 13 isn't for "discharging more", it's a protected payment plan. A re-organization of your debts so to speak. Your unsecured
debts become discharged, not your secure debts.

Thanks - that verifies what I just found out. Since we really want to keep my mother's house, it's not THAT bad for us in particular. The most important thing is that the (unsecured) 2nd mortgage can be stripped.

It surprises though that this major difference between CH 13 and 7 is not mentioned very often on the "BK-advice-pages"...

[newbie2]

Yep, surprised me too. In fact, we were very close to surrendering our home recently because of this (and having it be taken care of in our plan). However after much thought, we decided to just keep doing what we're doing.

It really isn't mentioned much, you have to read the language of a Chapter 13 discharge to know about it. Even our attorney didn't mention it..but then again, we didn't receive any knowledge about anything from our attorney :-) Everything we've learned we found about here.