• OUR 4 CHICAGOLAND BANKRUPTCY

    LAW OFFICES

FREE CONSULTATION CALL TODAY:
312-853-0200
Bill Busters
  • Home
  • About
    • OUR HISTORY
    • WHY CHOOSE OUR LAW FIRM
  • Office Locations
    • DOWNTOWN CHICAGO BANKRUPTCY
    • CHICAGO BANKRUPTCY (SOUTH SIDE)
    • CHICAGO BANKRUPTCY (NORTHWEST)
    • CHICAGO BANKRUPTCY (WEST OF CHICAGO)
    • SCHAUMBURG BANKRUPTCY
  • Bankruptcy Services
    • CHAPTER 7 BANKRUPTCY
    • CHAPTER 11 BANKRUPTCY
    • CHAPTER 13 BANKRUPTCY
    • CHICAGO PARKING TICKETS
    • FORECLOSURE LAWYERS
    • STOP CHECK GARNISHMENT
  • Bankruptcy Help
    • BANKRUPTCY FORMS
    • BANKRUPTCY FAQ’S
  • Testimonials
  • Contact Us
  • Menu Menu

Do I Have to Include My House and Car in Chapter 13 Bankruptcy?

COVID-19 (Novel Coronavirus) Update

BillBusters, Borges and Wu, LLC. will be open to assist and help you with your financial situation. Get immediate consultation through our FREE Virtual Consultation during the “Stay At Home” order. Please contact us and we will provide you with virtual access points to set up a meeting. For immediate needs our Schaumburg Bankruptcy office is open for visiting, walk-ins are welcome.

Book A Virtual Consultation

Whether a debtor files Chapter 7 or Chapter 13 bankruptcy, all income, debts and assets must be declared. A debtor who does not list all debts, including home mortgage and car loan, will be in violation of fundamental requirements for filing bankruptcy.

One of the first questions people have when they’re thinking about bankruptcy is whether they can keep their house and car. For most people, these are the most valuable things they own, and they don’t want to lose them if at all possible. To get a better idea of what happens with homes and vehicles in bankruptcy, we surveyed our readers across the United States about their experiences.

Your House in Chapter 7 Bankruptcy

How Many Kept Their House in Chapter 7

Percentage of readers who kept their house after filing for Chapter 7 bankruptcy
Most readers didn’t lose their home in Chapter 7 bankruptcy.

If you file for Chapter 7 bankruptcy—the kind that gets rid of debt most quickly—you can keep your house under two conditions: You’re current with your mortgage payments when you file (or you’ve recently gotten current through a loan modification), and the laws in your state allow you to protect (“exempt”) all of the equity you have in the property. (For details, see our article on keeping a house or car in Chapter 7 bankruptcy.) By giving you relief from other kinds of debts, like credit card or medical bills, bankruptcy can free up money to help you keep up with your mortgage. Most of our readers had this experience: 68% of those who went through Chapter 7 bankruptcy were able to keep their home.

If you’ve already fallen behind on your mortgage payments when you file for Chapter 7 bankruptcy, you’re likely to lose your house. Filing for bankruptcy lets you stay in your home another month or two, but ultimately, the bank will foreclose on the property. But if the foreclosure sale price is less than what you owe on the mortgage, your remaining mortgage debt can be discharged in bankruptcy. (And you may save money on taxes. For more on this, see our article on Chapter 7 bankruptcy and foreclosure.) Our readers who lost their houses reported an average discharge of $130,000 in mortgage debt after filing Chapter 7.

Likelihood of Completing a Chapter 13 Plan

Percentages of readers who successfully completed their repayment plan under Chapter 13 bankruptcy, or who had their case dismissed before they completed the plan.

Your House in Chapter 13 Bankruptcy

When you’re behind on your mortgage payments but want to keep your home, Chapter 13 bankruptcy might give you the time you need to catch up. Under this type of bankruptcy, the court approves a plan for you to repay the past-due mortgage amounts over three to five years, while continuing to make your current mortgage payments. As long you keep up with both of those payments, your lender can’t foreclose on the house.

How often do Chapter 13 filers succeed in completing their repayment plans? Many of the readers we surveyed were still making their plan payments, but of the others, nearly half (48%) had their case dismissed before they were able to complete the plan, which usually happens when a debtor can’t keep up with the payments. It was likely that these readers didn’t have enough income to cover their living expenses (including their current mortgage payments) as well as the monthly plan payments. Bottom line: Despite good intentions, not all Chapter 13 bankruptcy filers are able to keep their houses.

How Many Kept Their Car in Chapter 7

Percentages of readers who kept or lost their car in Chapter 7 bankruptcy

Your Car in Chapter 7 Bankruptcy

As with a house, you can keep your car in Chapter 7 bankruptcy if you’re current with your loan payments (or the car is paid off), and your state’s laws allow you to exempt your equity in the vehicle. Not surprising, the vast majority of our readers (87%) who filed under Chapter 7 were able to keep their cars.

Many lenders will allow you simply to keep making payments on your auto loan after your file for bankruptcy, but they potentially could repossess the car (even if you don’t fall behind on those payments) unless you “reaffirm” the debt by agreeing to a new contract. Still, less than two in ten (17%) of our readers told us they reaffirmed their auto loan debt.

How Much Car Debt Was Wiped Out in Chapter 7 Bankruptcy?

Percentages of readers who wiped out different amounts of car debt in Chapter 7 bankruptcy
Readers who gave up their car in Chapter 7 bankruptcy discharged an average of $13,500 in auto loan debt.

If the car is worth less than the balance on your loan, you can ask the court to let you “redeem” it by paying a lump sum for its actual value—that is, if you can somehow come up with the money. Otherwise, you can choose to give up (or “surrender”) your car, which means that your debt will be wiped out in the bankruptcy. Readers who chose this option discharged an average of $13,500 in debt for their auto loans.

Your Car in Chapter 13 Bankruptcy

Readers who filed for Chapter 13 bankruptcy were also very likely to keep their cars. If you’re behind on your vehicle loan, you can use a Chapter 13 plan to catch up with your overdue payments (as with mortgage debt), but you also have a couple of other options that don’t apply to house loans. In Chapter 13, you might be able to stretch out the car payments over a longer period. Or, if the car loan is old enough, you might even be able to lower the balance on the principal and your interest rate. (For details, see our article on paying off past-due secured debts in Chapter 13.)

Office Locations

One Century Centre

Billbusters, Borges and Wu, LLC.
1750 E. Golf Road
Suite 384
Schaumburg, IL 60173

 


Downtown Chicago

Billbusters, Borges and Wu, LLC.
105 W. Madison, 23rd Floor
Chicago, IL 60602

 


Southside

Billbusters, Borges and Wu, LLC.
10708 S. Western Avenue
Chicago, IL 60643

 


South Holland

Billbusters, Borges and Wu, LLC.
900 E. 162nd Street, Suite 202
South Holland, IL 60473

 


 

Berwyn

Billbusters, Borges and Wu, LLC.
7222 W. Cermak, #715
North Riverside, IL 60546

 


 

 

Link to: Contact Us

Still Have Questions? Feel Free To E-mail Us

In certain cases, we are even able to offer a same-day bankruptcy filing with no money down – saving you time and money. Need help filing bankruptcy we can help you start.

Great feedback is always needed in order to improve and grow our bankruptcy law firm Please fill free to leave a review, let us know who your attorney was, did we provide great customer service, were we professional, did we get your the information you were looking for? We want to know.

Leave A Review

Located in Chicago, the law firm of Billbusters, Borges and Wu LLC. represents clients throughout Illinois, including, but not limited to the cities of :Alsip, Arlington, Heights, Bellwood, Berkeley, Berwyn, Blue Island, Bridgeview, Broadview, Brookfield, Burbank, Calumet City, Chicago, Chicago Heights,  Chicago Ridge, Cicero, Country Club Hills, Des Plaines, Dolton, Elk Grove Village, Elmwood Park, Evanston, Evergreen Park, Flossmoor, Forest Park, Franklin Park,  Glencoe,  Glenview, Glenwood, Golf, Hanover Park, Harvey, Harwood Heights, Hazel Crest, Hickory Hills, Hillside, Hines, Hoffman Estates, Hometown, Homewood, Justice, Kenilworth, La Grange, La Grange Park, Lansing, Lemont, Lincolnwood, Lyons, Markham, Matteson, Maywood, Melrose  Park, Midlothian, Morton Grove, Mount Prospect, Niles, Northbrook, Oak Forest, Oak  Lawn, Oak Park, Olympia Fields, Orland Park, Palatine, Palos Heights, Palos Hills, Palos  Park, Park Forest, Park Ridge,  Posen, Prospect Heights, Richton Park, River Forest, River Grove, Riverdale, Riverside, Robbins, Rolling Meadows, Schaumburg, Schiller Park, Skokie, South Holland, Steger, Stone Park, Streamwood, Summit Argo, Techny, Thornton, Tinley Park, Westchester, Western Springs, Wheeling, Willow  Springs, Wilmette, Winnetka, Worth and All of Cook County IL.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Billbusters, Borges and Wu LLC and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

*For legal fee only. Other conditions apply. Please ask your attorney for details.

Hyperlocal Marketing, Inc. Digital Marketing for Lawyers

© 2019 BillBusters, Borges and Wu, LLC.

Scroll to top