Comments on: Chapter 13 Bankruptcy with mortgage? http://chapter13bankruptcyrules.org/chapter-13-bankruptcy-with-mortgage Chapter 13 Bankruptcy Rules Tue, 02 Nov 2010 22:47:56 +0000 hourly 1 By: STEVEN F http://chapter13bankruptcyrules.org/chapter-13-bankruptcy-with-mortgage#comment-773 STEVEN F Fri, 25 Sep 2009 06:21:43 +0000 http://chapter13bankruptcyrules.org/chapter-13-bankruptcy-with-mortgage#comment-773 As of yesterday, you would not have been able to get out of the mortgage though bankruptcy without giving up the house. The other two owners would not have been able to get out of the mortgage though YOUR bankruptcy in any case. Until the bankruptcy court specifically states otherwise, the bank is legally barred from taking ANY action related to the mortgage. If the offer is enough to pay off the mortgage, you don't NEED to talk to the bank, just take the offer and give them the check. You should be asking your attorney this question. That is part of what your are PAYING them for. As of yesterday, you would not have been able to get out of the mortgage though bankruptcy without giving up the house. The other two owners would not have been able to get out of the mortgage though YOUR bankruptcy in any case.

Until the bankruptcy court specifically states otherwise, the bank is legally barred from taking ANY action related to the mortgage. If the offer is enough to pay off the mortgage, you don’t NEED to talk to the bank, just take the offer and give them the check.

You should be asking your attorney this question. That is part of what your are PAYING them for.

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