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Castle Law Office

Q
Can I Give Up My House in Bankruptcy?

A

Bankruptcy is a powerful option for stopping foreclosure and keeping your house. But sometimes people want out of their homeowner obligations.

It can often be cheaper and easier to rent. Perhaps you have medical issues and would like a landlord to be responsible for maintenance. Perhaps your house has fallen into disrepair because of job loss, and you're tired of seeing its value drop lower and lower before your eyes.

If you can't afford your mortgage, or if you owe more than your property's value, bankruptcy is certainly an option for you.

You can choose to surrender your home through both Chapter 7 and Chapter 13 bankruptcy. Which chapter you choose will depend on the rest of your financial situation.

When you file your bankruptcy petition, you can state your intentions to give up your home. The trustee and creditors will review your paperwork and begin the foreclosure proceedings. Note that the time it takes for those proceedings to go through can vary, depending in part on how many other foreclosures are pending.

If you're filing a Chapter 13, you can usually surrender your house later in the case as well.

If you're hoping to surrender your house in a bankruptcy, we can help. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.

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