Tuesday, May 6, 2014

Is it possible to keep a secured loan mortgage and file Chapter 7?


My mother has a lot of credit card debt on 4 credit cards. She is far below the "means" qualification and passes it with flying colors. She has a used car that was purchased a long time ago. The Kelley Blue Book lists retail value at no more than $2,900, if even that high. We're in the state of Georgia, so the exemption for a vehicle is $5,000 and I know that she would be able to keep that.

She does own a home, but it is under a secured loan (refinanced back in 2001 or so) through Chase bank. Oddly enough, that same Chase bank is one of her creditors that she has a credit card with.

She doesn't really have any possessions that I know of that the trustee would even be interested in trying to sell and they would likely be all exempt.

What is the possibility of her keeping the house and continuing to make payments on it (there is about $50K left on that refinance loan - but it is current and never late) and ridding herself of the credit cards (interest rates are eating her alive and she's having trouble paying the cards) via Chapter 7?
Added (1). She is also a widow… So no husband. I try to help her as I can, but I can't see how she would be able to pay those credit cards down with her income. She just doesn't make enough money. She's 55 and does work, but her job has been cutting her hours down a lot lately… And it took her a couple of years to find work again.

We are going to get a free consultation with a bankruptcy attorney that I know of, so I'm not looking for spot-on advice. Just asking out of curiosity.
Added (2). I do not believe that her house is worth over half of the amount owed on the loan, either. Can they still try to take it or is it exempt?

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