Vinton, TX Bankruptcy Law Firms & Lawyers

The answer is 'probably yes.' (Although a resourceful lender's lawyer could come up with some useful arguments). Of course, the longer you stay in the house and the more money you put into it, the less likely you are to want to surrender the real estate. Good Luck.

Don't even think about that unless you put it somewhere where the funds are safe, and you can never take them out and use for living expenses. Everyone that I know that has taken out their pension and thinks they can do better with the money lose all of it. Putting the funds into some type of irrevocable trust is the only recommendation that I would give you.  Protected from you, your creditors and anyone else who might see you as a target. As in a new spouse.

There are some conflicting opinions on this issue. I assume your plan said you would continue to make payments on the car. However, I would take the position that the debt will be discharged when you receive your chapter 13 discharge and that they cannot now try to collect either because you are in a pending bankruptcy.