Chapter 7 mortgage question

[blackomega]

I am looking to file chpt 7 bankruptcy Pro Se next month, my mortgage is and has always been current or within the built in 16 day grace period. Question, when my brother filed BK several years ago a credit card company refused to reaffirm even though he was never late unless he used an attorney. Could my mortgage company do that and then foreclose even though I am not nor have ever been behind?

A second question I understand that unpaid wages up until the day you file are not yours, so the paycheck that gets deposited after I file for the wage period before, I cant use to pay bills?

Thanks for any help.

[DeadManCrawling]

Credit cards are unsecured and I have only heard of a very few people who had cards survive a BK. Usually it is a mistake and the cards are refused the first time you attempt to use them again anyway.

Mortgages are secured by the home. In almost every case, you will not even be allowed to reaffirm by the judge. However, the loan will go on as long as you continue making the payment on schedule, as though nothing happened.

Keep making the payment and you'll be fine. Note though, that you need to contact them and find out where to mail the payment to. They will have a BK department with a different mailing address, phone numbers and so on. Any autopay will be stopped automatically, in most cases. You need to make sure you're on top of this, or you WILL be late and they may start foreclosure or ding you for late fees at the least.

Unpaid wages can be exempted depending on your state exemptions. It varies, but here in Florida, 6 months of wages are exempt, even in bank accounts. You may also have other exemptions that can cover the wages. Look to your state laws for the answer, or federal if you can and will be using that exemption system.

[blackomega]

Thanks for the info!! I am in Florida so that means i am safe to pay bills as usual then?