Chapter 7 and FHA Partial claim

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Question

Chapter 7 and FHA Partial claim

Anonymous Jun 10, 2014 Bankruptcy 3 views 4 answers

I modified my home loan last year. Part of the Modification agreement involves me paying the lender a sum of $4000 once I pay the loan off because the Mod used the FHA partial claim to pay off my arrears. My Question, if I file chapter 7 and retain and pay. When will I have to pay that $4000.? My concern is that discharge might trigger an acceleration of the $4000.

Dorothy Bunce · Answer 1 · 2026-06-15T11:32:52+00:00

Unless a lawyer looks at your documents, it is difficult to offer an opinion, but my guess is that this loan is part & parcel of your mortgage & is secured by your home. To keep the home, you would need to pay off this loan despite filing a chapter 7 bankruptcy and the time you would have to pay would probably not be significantly altered by a bankruptcy. There is no substitute for an actual legal opinion as opposed to a stab in the dark. Hope this perspective helps!

Gary Bollinger · Answer 2 · 2026-06-15T11:32:52+00:00

You wrote, "My concern is that discharge might trigger an acceleration of the $4000." A: I opine that the ipso facto provision of Bankruptcy law would probably apply.

Jeremy Davidson · Answer 3 · 2026-06-15T11:32:52+00:00

I agree with Dorothy, and I think your concerns are valid. An experienced bankruptcy attorney should be able to review the relevant documents and tell you what you can expect in the event of a Chapter 7 filing.

cott Russell NeedlemanBankruptcy AttorneyColumbus, OH · Answer 4 · 2026-06-15T11:32:52+00:00

Review your loan documents. Put special focus on the default provisions and any contract breach provisions. Is filing bankruptcy considered a default? I agree with the other two answers as it relates to having a review of the documents. I am just trying show you where to look so that the loan documents you have clearly answer your question.

Chapter 7 and FHA Partial claim

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