If i filed chapter 13,with credit card ,medical bills and first mortgage with the intented to wipe out the second mortgage and the second mortgage was not approved, then can i file a chapter 7 on all the debt except except the two mortgages in hopes to modifiy the mortgages
Yes. My mother just went through the same thing.
Chapter 13 bk is designed to pay back all of your debts over time. You can take a 13 and turn it into a 7 and that will wipe all your debt clean. To keep your mortgages you would need to re-afirm them in the chapter 7 filing wich will allow you to keep your house. There is not a way to get rid of the second without loosing the house as the have a lien its just second to the first. I have also filed bk but it was a 7 and prior to the changing to the law. Im not 100% sure but if you have an attorney he should be able to answer you if not the trustee will surley know. Ihope this helps some.
With Chapter 13, you need to check with an attorney regarding chapter 7 in your state. However when you file chapter 7, you file on everything, then you can ask the court to keep the house out of it ( there is a term for it) just remembered "reaffirm", most of the time the judge will allow it. And yes we can help modify. if I can get a financial worksheet drawn up on you before you file for chapter 7, as if you have a lot of surplus left over, after the BK you will not qualify for the modification. I can be reached at 1-800-557-1467 ext 4.
I would say yes. Make sure you are not behind on your mortgages and value your home on your schedule A above the mortgages, by no more than the exemption amount in your state.
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