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Missouri Attorneys Answer Your Legal Questions

I have been in a chapter 13 bankruptcy case which I concluded sucessfully 3 months ago. I got my discharge. Now I can't keep up with payments on my house and would like to surrender it. Is that still possible? I haven't reaffirmed the loan with my mortgage company during the chapter 13 case.
We don't really use the term "reaffirmation agreement" in a chapter 13. Reaffirmation agreement is something you see only in a chapter 7, but not chapter 13.
If you cured a default during your chapter 13 case that means you were late with your mortgage payments before filing the chapter 13 case and you caught up these payments in your plan payment. Therefore you cannot "surrender", as you called it. You cannot walk away; you still owe the mortgage company. 
We use the term surrender if you surrender the house in you bankruptcy pla, but that was not the case in your chapter 13 plan. 
Section 1328(a)(1) of the Bankruptcy code deals with your situation, stating there is an exeption to discharge if the debt is "provided for under section 1322(b)(5)."  This paragraph deals with the curing of any default on a secured debt, such as catching up with your mortgage payments.
If you did not cure a default, the debt should be discharged and you can walk away from the house.

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1861 Sherman Drive
St Charles, MO 63303
Phone: 636-916-5400

At Hwy 94 and Hwy 70.

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3470 Hampton Ave, Suite 101
St. Louis, MO 63109
Phone: 314-353-0834

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7321 S. Lindbergh Ave., Suite 222
St. Louis, MO 63125
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1281 Graham Rd, Suite 300
Florissant, MO 63031
Phone: 314-921-1880

At North Hanley and Hwy 270.

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2 Park Place Professional Centre
Belleville, Illinois 62226
Phone: 618-977-9560

On Hwy 159, next to Schnucks.

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3600 Nameoki Rd, Suite 201
Granite City, IL 62040
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Across Shop'n Save, by appointment only.

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