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Hoping to be able to file Ch. 7 - mortgage is underwater

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    Hoping to be able to file Ch. 7 - mortgage is underwater

    I'm in a situation where my mortgage is underwater (house is worth less than what I owe). I was hoping to file Ch. 7 but if I don't have equity in my home, would I have to file Ch. 13 to still keep my home? I am up to date with my mortgage payments.

    #2
    As I understand it, you only need to go 13 if you are behind in your mortgage.

    I'm hoping to do the same thing.
    12/2009 Stopped paying CCs; 3/10 1st suit;
    8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
    9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

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      #3
      Thanks keptdigging for your response. Good luck on your filing and eventual positive outcome.

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        #4
        Originally posted by bkinparadise View Post
        I'm in a situation where my mortgage is underwater (house is worth less than what I owe). I was hoping to file Ch. 7 but if I don't have equity in my home, would I have to file Ch. 13 to still keep my home? I am up to date with my mortgage payments.
        You're not in Washington state, are you?

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          #5
          Hi tdawg. No, I'm in Hawaii.

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            #6
            We have an underwater house and are filing a chapter 7 - we'd like to do a 13 but haven't got any income to support it. Anyway, we are involved in a modification and our attorney said we can go through with that in spite of the bk - even if it isn't finalized. We're in Oregon

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