Personal Bankruptcy Forum


Author:   M. Kay
Date:   January 27, 1999
Question:   My husband & I are homeowners. We are planning to file bankruptcy but we are concerned about keeping our home in the process. We are 3 months behind in our payments but are able to pay 2 months now--which they won't accept without the additional month. The question is will we be able to keep our home, and what is the difference between Chapters 7 and 13? Thanks.
 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   January 28, 1999
Answer:  

First of all, a secured creditor such as your mortgage holder is not affected by a bankruptcy. They have their rights under the mortgage document you signed and you have to deal with them separately.

Second, in Alberta you are allowed equity in your personal residence of $40,000. So, as long as the lender is happy and the equity is less than $40,000 you can keep your home. If equity is over, then other arrangements can be made, but very rarely does someone have to sell their home.

Lastly, Chapter 7 & 13 are US terms. In Canada, you may be looking at either bankruptcy or a proposal to your creditors.

This is a fairly complicated area, so if you have any questions, please call me at 298-1575.

Shane Brenneis




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