Wilmington, OH asked in Bankruptcy and Foreclosure for Ohio

Q: Can you get your home back if you included it in your bankruptcy and it’s going through court for foreclosure?

My circumstances have changed and I regret including my home in my bankruptcy. I didn’t know if there was any way to get an amended agreement, etc.

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3 Lawyer Answers
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Is the bankruptcy still open or is it closed? Did you receive a discharge or a dismissal? Is it or was it a Chapter 7 or 13? The first thing I would advise is to talk to your bankruptcy attorney if you had one. You need to sit down with your attorney or another attorney who handles bankruptcy so you can have a clear idea of what needs to take place. More info is need so I do not want to speculate on what options you have.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Much more info is needed to answer your question properly. Contact your bankruptcy attorney and tell him what you want to do. He will have the best idea on the steps to take.

Seni Popat
Seni Popat
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Deer Park , NY

A: I am not sure what agreement you entered into. If you are referring to a modification, you can always try to refinance but once a modification is accepted, absent fraud or other defenses, the agreement is binding on the parties who signed it. Also, if you are in a chapter 13 repayment plan, you may able to file an amended plan if circumstances have changed.

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