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Chapter 7 preferential payment ?

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    Chapter 7 preferential payment ?

    Hi I am sure this has been covered before, I tried a quick search and didnt find it. We are going in to chapter 7 and are in the process of gathering paperwork. We have retained our attorney. My question is this, we are keeping the house as we just bought it last dec and got it for a good price and we have great terms on the loan, 30 year fixed fha. My question is this, I have paid the house payment for the last several months and not payed any other creditors. Are they going to take the money back from mortgage holder and redistribute it to the other creditors? And if they do how is that going to affect my reaffirming the mortgage during the proceedings. I am worried this will leave us with a higher payment on my mortgage. Sorry for the newb question
    John
    Discharged 1-25-10

    #2
    Your mortgage, is a secured priority debt and you should be current on it to file chapter 7 if you want to keep the house after discharge (ie, reaffirm the mortgage). Paying your mortgage is not a preferential payment. A preferential payment would be paying one credit card more than the others, or paying one credit card, but not paying the others, etc.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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      #3
      Originally posted by backtoschool View Post
      Your mortgage, is a secured priority debt and you should be current on it to file chapter 7 if you want to keep the house after discharge (ie, reaffirm the mortgage). Paying your mortgage is not a preferential payment. A preferential payment would be paying one credit card more than the others, or paying one credit card, but not paying the others, etc.
      Thank you
      Discharged 1-25-10

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