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I can't afford my mortgage payments, so can Chapter 13 eliminate extend or reduce them?
One of the primary requirements of the Bankruptcy Code relating to Chapter 13 plans is the antimodification clause. This states that a Chapter 13 Debtor must provide for full payment to a mortgage company which maintains a lien on the residence of the debtor where that lien is the only security held by the mortgagee; e.g., the bank. Your mortgage payment cannot be changed, stayed or eliminated, except that mortgage arrears only may be paid over the life of the plan. This is a maximum of 60 months. However, in many situations, the holder of the mortgage may be willing to modify the loan in order to help in avoiding bankruptcy. Legal counsel should be utilized for this type of dealing.
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