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