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    sellit's Avatar
    sellit Posts: 1, Reputation: 1
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    #1

    Feb 28, 2009, 05:31 PM
    Chapter 13
    I recently filed chapter 13. I just can't continue these payments . If I can find someone to refinance my home or sell it will it be discharged
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 28, 2009, 05:48 PM

    You will have to get permission of the trustee to refi or to sell.

    Since if you sell it, most of the money goes to the people you owe money to, you may want just to change it to a 7 and let the house sell for the debts, but talk to your attorney.

    Next why can't you make the payments, you gave them a budget, of all your bills, so have you borrowed more money, gotten more debts or has your income went down.
    If you have less income you can modify your payment schedule
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Feb 28, 2009, 11:43 PM
    Quote Originally Posted by sellit View Post
    ... if i can find someone to refinance my home or sell it will it be discharged
    Do you mean, if the home is refinanced to a lower payment, would you keep it? You would need to modify your Plan to either sell or abandon the home. If you quit paying the installments, the creditor is likely to file a motion to lift the automatic stay, which you do not have to contest, and the creditor will get an order allowing it to foreclose. Of course, you may not want this to happen if you have some equity in the property.

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