In your chapter 7 bankruptcy, you should never simply discharge second mortgages or equity lines, your attorney should have filed a motion to avoid lean. That motion would of stripped the equity line and the corresponding mortgage or lean it had on your property. Because the lien was not stripped from your title, once you sell the home you must pay back that mortgage or equity line. Many attorneys and law firms that handle chapter 7 bankruptcy, simply do the bare minimum. This is why it is important to get an experience bankruptcy attorney, who can inform you of all the optional motions and practices that can be used within a chapter 13 bankruptcy or chapter 7 bankruptcy. Any attorney can file a simple chapter 7 bankruptcy, but only an experience bankruptcy lawyer knows exactly what to do with your entire case.
This is one of those situations usually that, you get what you pay for. In the client calls my office and the first thing they ask for is the price, I will might even give it to them I just tell them to keep searching for the cheapest price. Not all lawyers or law firms are the same, you get what you pay for.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 19th, 2014 at 12:53 PM