Home  >  Ask a Lawyer  >  Pennsylvania Bankruptcy  >  AttorneyPages Question and Answers

May I file Chapter 7 bankruptcy in the state of PA and keep my home since I owe substantially more than what the property is worth (had appraisal)?

Asked 2 years ago under Bankruptcy | 957 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Yes, you probably can.  Since there is no equity to distribute to creditors, you should be able to keep your home.  However, you'll the need to decide whether or not you want to "re-affirm" the mortgage debt.

If you re-affirm then you remain personally liable for the debt and if the home should later go into foreclosure and sells for less than the remaining mortgage balance, you can be held liable for the deficiency.  The upside to this is that any payments that you make will be reported on your credit report and help you to re-establish credit.

If you don't re-affirm the debt, then you cannot be held liable for any deficiency should it come down to that.  However, any mortgage payments that you make will not be reported on your credit report so you won't build up your credit as quickly as you might if you were to re-affirm.

Top Ranking Attorneys

  • Hong Shen 209 Answers | Points 4750 Gold Contributor
  • Joseph Gasparrini 46 Answers | Points 2200 Bronze Contributor
  • Kelly Broadbent 81 Answers | Points 2000 Silver Contributor
  • Russ Pietryga 78 Answers | Points 1950 Silver Contributor
  • Shawn Jackson 17 Answers | Points 850 Bronze Contributor
  • Glenn M. Lyon, Esq. 27 Answers | Points 830 Bronze Contributor
AttorneyPages.com