I need advice on how to properly complete a Chapter 7 bankruptcy form (no attorney) with home foreclosure also in the mix.

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Our home is scheduled to be foreclosed in late November. We are filing Chapter 7 within the next week. We are using a bankruptcy paperwork preparation firm, due to unemployment/lack of money. Form 521.05 deals with our intent with regard to our home. Our intent is to allow the foreclosure to proceed. The loan amount is $198K, and the estimated market value is $140K. The forms have been filled out for us indicating that we are reaffirming the debt (which I question) and claiming the maximum amount allowable as exempt. Questions: 1) Should we be reaffirming the debt when our intent is as stated? 2) If yes, should we be personally serving the form on our mortgage lender, as the form seems to indicate? 3) if we need to personally serve the forms, would this be before or after filing?

Attorney Answers

2
andra Margaret EmersonForeclosure AttorneyOak Park, IL ·
Your question highlights the importance of consulting an attorney if at all possible. Have you tried contacting a legal aid organization to see if someone can help? Many legal aid organizations also assist with bankruptcy. You may be able to obtain an attorney at no charge. That being said, since your mortgage is obviously in arrears, you should only file Chapter 7 if you are intent on surrendering the home. You said that you would like to do this, so your petition should indicate that your intention is to surrender the home-- not reaffirm the debt. The bankruptcy court will send notice to the lender when you file.
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Dean Paolucci ·
Well, aside from you definitely needing a lawyer for this, it IS that important, I will give you some answers here. 1. do not reaffirm the debt; that would only make you owe the debt after Discharge. The opposite of what you are looking to do. 2. You can never go wrong serving more people or companies. 3. You serve your creditors AFTER filing. Good luck, I am sorry to hear about your financial situation and I hope things get better for you soon. Please check the thumbs up button below if this answer is helpful to you, thanks! Very truly yours, Dean D. Paolucci, Attorney at Law Select Legal, PC P> 800-825-7010 E> [email protected] www.SelectLegal.com ------------------------------------------------------------------------ ----------------------------------------------------- Disclaimer: This e-mail or other correspondence does NOT create an attorney client relationship. This e-mail or other correspondence represents a general overview of law developments and should not be relied upon without an independent, professional analysis of how any of these provisions may apply to a specific legal situation. Any information contained in this communication was not intended or written to be used, and cannot be used, by the recipient for the purpose of legal advice. ------------------------------------------------------------------------ -----------------------------------------------------
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