Yes you are able to voluntarily surrender and walk away from your house in a chapter 13 bankruptcy. When the bankruptcy is filed you will make the decision whether or not you would like to keep your home or surrender it. After you make the decision to surrender your home the mortgage company will move to foreclose on the property. Usually a trustee sale date will be set and the house will be auctioned off. There is no set time period on how long you can stay in the house after you decide to surrender it, but it is always a good idea to move out sooner rather than later.

Written By: Ryan Swapp     Legal Review By: Craig Swapp