Chapter 7 will never help you with a secured debt such as a car loan or mortgage, if you are behind on payments. The only thing in chapter 7 can do is wipe out the debt, but you will need to give back the collateral that secures the payment such as a car or the home. What you would need to do is file a chapter 13 bankruptcy. Chapter 13 bankruptcy stops all repossession or foreclosure proceedings and allows you to resume making your monthly payments, while establishing a repayment plan that will allow you to repay what you owe over a three to five-year period.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Jun 24th, 2014 at 6:55 AM