Most debtors considering bankruptcy have very little or no home equity. If you’re filing chapter 7 bankruptcy and you have very little or no equity in your home, you’ll most likely be allowed to keep your home as long as you’re making mortgage payments. However, in a small number of bankruptcy cases debtors may have too much equity.
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Bankruptcy is the solution of last resort when it comes to eliminating your debts, however not all debts can be eliminated, and cutting some may result in the loss of your car, your assets and even your home. If you’ve previously declared bankruptcy, it may be difficult to get another home equity loan, let alone another mortgage, but it’s not impossible.
He tried for a home equity loan since he has plenty of equity and high credit scores. (the National Foundation for Credit counseling offers referrals) and with a bankruptcy attorney (the National.
Dear Bankruptcy Adviser, I filed a Chapter 7 bankruptcy that was discharged in 2009. I was paying my second mortgage loan to the bank for 4 years without a reaffirmation agreement.
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A home equity loan is different from a HELOC; it is a loan received in full, up front and paid back by fixed, scheduled payments. The HELOC in a Chapter 7 Bankruptcy In a Chapter 7 bankruptcy, the bankruptcy trustee liquidates unsecured assets to pay creditors.
Your ability to discharge a home equity loan in bankruptcy depends on two critical factors: which chapter of bankruptcy you file and the home’s fair market value. If you file for Chapter 7 protection, your chances are nil if you want to keep the property. But if you file for Chapter 13, this form of bankruptcy can.
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However, with the right combination of bankruptcy seasoning and steps to rebuild your credit, you can look for a home equity loan (HEL) in as little as two years. Looking at Bankruptcy
A debtor can discharge the home equity loan in Chapter 7 bankruptcy but they cannot discharge it AND keep their home. However, if a debtor would like to keep their home, they may be able to file Chapter 13 bankruptcy and repay both their HELOC and their mortgage over a 3 to 5 year period.
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