Tuesday, April 5, 2016

Is Chapter 13 bankruptcy good in this case?


Mother owns two properties that were never used as collateral in any loans (1 building free and clear valued at $180k and house valued at $200)

She's is showing signs of early onset dementia (occasional short term memory loss, confusion) Because of her inability to comprehend complex details, her tax preparer on occasion has met with the bank who owns the 4 cross-collateralized loans to reassure them that the monthly notes will be paid on time. They are now moving towards foreclosure due to non payment of monthly payments. He is now advising her to file bankruptcy

Details:
Her total mortgage debt is $565K but est value $475K
plus $15,000 in city violations/fees
plus $80,000 in necessary improvements before they will be approved for sale, plumbing, roofing, electrical etc.

Neither her home nor her business office were used to secure the above mortgages.

So I don't understand why she's being advised so soon to file chapter 13 bankruptcy vs walking away/foreclosure. She tells me that she doesn't know what to do and I need to make a convincing argument on what her best options are. For her other debts, car loans, utility bills, etc, she can afford to pay those from her monthly pension.

If she is no longer physically or mentally able to manage these properties, nor could she ever comprehend the details of the bankruptcy obligations, what would you advise?

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