I talked with our attorney and I guess these are our options:

[quickser]

HI,
I am hoping to get some thoughts on a couple options we are contemplating.
Currently in a 5 months into a chpater 13 that isn't confirmed as of yet becuase our 2nd mortgage hasn't filed a claim. Pretty much just paying the car, mortgages, attorney, trustee and arrears on the house since we haven't paid since Dec 11. Owe 70K more on the house than the CMA suggested selling it for. House needs more work than I can afford, mostly cosmetic, but some electrical and plumbing issues.
I talked with our attorney and I guess these are our options:

Surrender the house and stay in the 13

File a Ch 7 and surrender the house

Keep the house and stay in the 13.

One one hand I would really love a complete fresh start and just file a 7 and walk away from everything, but my biggest concern is finding a place to rent.

I would love to hear some thoughts.

[kornellred]

Canadian bankruptcy law is probably different in many respects than US bankruptcy law. Not too many people here are qualified to address your issues.

[keepsmiling]

Hi Quickser, welcome to the forum!
Regardless of how different Canadian BK law may be, you have found a warm welcoming and helpful place. If nothing else you can come vent, get ideas for how to deal with all the issues/people involved, and support in moving forward.

Let me ask you... you say you are 70K underwater. Is that from the first mortgage or with the second? Have you asked your atty about stripping the second mortgage? Don't know if that's an option up your way but down here that's a very good reason for a 13.

Next... have you looked into rentals in places you could see yourself living? How do prices compare? Most people here have gone on to rent, very happily, post ch7. Saving up some cash for a deposit and dealing with smaller buildings and private homes, where you can talk to the landlord one-on-one, seems to be helpful.

[Loveandlight]

I would look for places to rent that either don't check credit, or understand your situation, then walk away. THat's just me.

[LadyInTheRed]

Note that quickser has been banned as a spammer.

If this person really filed a Chapter 13, it would have to be a US Bankruptcy. Chapter 13 is a reference to part of the U.S. Bankruptcy Code and would not apply in Canada. You must be a US resident to file BK in the US.

I'm closing this thread so it can die.