[duflick]

I am in the process of filing a chapter 13. I have a business that is not doing well and I cannot afford to file a shaper 11. Realistically, the chapter 11 would not benefit me. The attorney was saying that the bank, since they have a lien on my property, will foreclose on it unless I continue to make the payments. I thought that a chapter 13 could protect my property from foreclosure. Any comments.

[Fr_Chuck]

A chapter 13 is a repayment plan, you will have to make payments on everything, they will take your unsecured debts and pay them off at a discount, and at times ( at least they used to) work out a lower payment on perhaps your car, and they will allow you to work out payments on any late payment on your home.

They take your income and basically budget you very tightly to make all the payments.

[duflick]

Thanks for the response. However, the bank has a huge lien, over 200k, on my property. I have a good amount of equity in it. The attorney said, who doesn't seem well versed, tha the bank will eventually foreclose on my property unless I continue to make full payments on the business loan that I secured with my property.

[ScottGem]

Equity in property means that the value of the property is higher than the amount borrowed against it. The amount of a mortgage lien is the balance of the loan. If the balance is $200K, then the value of the property has to be more than that.

If you file Chapter 13, the court will order a payment plan. Your creditors will plead before the court how much they should be paid, but they will have to accept what the court orders.