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  2. Will I lose my home? 

    Bankruptcy debtors are often able to keep their primary residences. If you file under Chapter 7 and you have no equity in the property, or if your equity does not exceed an exempt amount which varies from state to state, you may be able to keep your home provided that you are current on your payments. During and after the bankruptcy, you must continue to stay current on your house payments (including mortgages, similar voluntary liens, and taxes). Secured lenders will still have the right to foreclose if you default on payments.

    If you have equity in your home in excess of the exempt amount, or if you are behind on your mortgage payments, you may be able to save your home from foreclosure by filing under Chapter 13. When you are behind on your mortgage payments, a Chapter 13 filing can prevent or stop a foreclosure and give you the opportunity to bring your arrearages current over time. You must continue to make current mortgage payments at the same time, however, which can be difficult. Filing under Chapter 13 sometimes has the added benefit of allowing you to eliminate some limited types of liens against your home (not including voluntary liens secured only by the home), to the extent that they exceed the value of the property.

    A related question about keeping your home in bankruptcy is whether it makes sense to do so. Today more than ever, bankruptcy debtors are faced with home loans that exceed the value of the property and mortgage payments that exceed the cost of renting a comparable home. Bankruptcy is complicated and your house is probably your most important asset. It is extremely important to get good legal advice before you decide whether to keep it.