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Not Reaffirming or Retaining Property

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    Not Reaffirming or Retaining Property

    Today I have finally decided on the filing date. Started filling our the forms but have a few questions.

    I am listing 3 properties that I intend to keep..but dont want to reaffirm as I dont know what is ahead in the future.

    What do I write on these properties, are they left blank?


    Also, is there a chance that the trustee will force me to give up my houses that are underwater except for one that I will list as my primary residence which has about $40,000 in equity.

    Also, do I put the 2nd equity lines of credit under secured or unsecured. They would probably be unsecured as the house is not worth the equity amount.

    I intent to eventually call the banks on the 2nd loans and see about settling.



    Thanks.

    #2
    I meant I dont want to reaffirm the property but I intent to keep them without being responsible in the future in case of foreclosure.

    Comment


      #3
      This really depends on whether your District allows a ride-through on real property. You would put "Retain and Pay" on your Statement of Intentions. You must be current.

      If the Equity Line of Credit is "partiary" secured, by even $1, then it is a secured debt.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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