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Still learning the ropes here and not completely sure about everything, so my question is do I have to prove that I can make the monthly house payments in order to keep the house? In a chapter 7
the question is not whether you can prove it, but whether you can actually make the payments! if you can make the payments, that means you can also prove it if you need to.
filed ch7 May 09
341 june 09
discharged, closed Aug 09
In addition to Music's thought, if your ability to stay current is 'iffy", your attorney will not sign off on a reaffirmation which is a good thing.
Be sure you can comfortably afford the mortgage before you commit yourself.
We haven't had to prove anything although the atty and trustee both know our income already. Our payments are and always have been current, so maybe that's enough in my case. Not exactly sure. But we didn't have to go through any type of approval process to get to keep our home.
filed chapter 7 BK 4/27/09
341 meeting 6/4/09
DISCHARGED!!! 8/5/09
If you do a ride through on the home where you continue making payments but don't sign anything no proof is really needed.
If you do plan to reaffirm the debt ( a bad idea in most cases) then it could be a problem getting your lawyer or judge to sign off on the reaffirmation especially if you have no income.
Many states offer the ride through option in essence through state laws, so you'd need to ask your lawyer about that option.
May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
So based on the replies which I appreciate alot it appears that in a chapter 7 without an reaffirmation there is no test to prove you can pay to be able to keep house, which is what I was hoping for. Thanks again
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