Can you save my house and car?

I can often save a house and car under a Chapter 7 bankruptcy case if you do not have significant non-exempt equity in those properties and if you are current on your payments.  If you have significant equity, you are going to lose that to a trustee and I’m going to have you sign a potential asset acknowledgment so you are not surprised when the trustee says you either need to turn over the item or you need to pay me X amount of dollars if you want to keep the item.  That is how it works under Chapter 7.
Under Chapter 13, you are saving a home and a car effectively by agreeing to repay the amount that you fell behind on a mortgage or with regard to a vehicle, the entire amount that you owe or the market value at a certain interest rate over the next 3 to 5 years.  The number one reason for filing a Chapter 13 bankruptcy case is to save a home.  By filing Chapter 13, you are able to make your regular mortgage payment on time once again as well as make an additional payment to a Chapter 13 trustee over a 3 to 5 year period which effectively pays off the arrearage, the part that you fell behind.
With regard to a vehicle, if it’s a financed vehicle, you are not going to make that payment directly anymore.  You would make a lease payment directly because a leased vehicle is not an owned vehicle; it’s a leased vehicle.  You pay the trustee a certain dollar amount per month based on your income and expenses and provided it’s enough to pay off the arrearage over 60 months, or pay the vehicle over 60 months as well as your other debt, then your Chapter 13 is likely to be approved by the court which is known as confirmed, and you need to continue to make payments, timely, to avoid any kind of Motion to Dismiss or Motion to Modify the Automatic Stay.
So yes, I can help you save your house and vehicle, whether it is a Chapter 7 fresh start or Chapter 13 reorganization.  Obviously, in a Chapter 13, we are going to go into greater detail on how much you are going to have to pay per month on the arrearage claim and on the financed vehicle claim.  Under Chapter 7, I’m going to make sure that you don’t have nonexempt equity that could be taken by the trustee and sold and paid to your creditors on a pro rata basis.