QUESTION

I have lean holders on my house loan can I file bankruptcy on them

Asked on Nov 23rd, 2012 on Bankruptcy - Kentucky
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Sorry, but I'm not clear on your facts.  Are you asking whether the mortgage liens on your house are removable (avoidable) in a bankruptcy case?  Or are there other types of liens (such as a judgment lien) that are recorded against your property that you seek to remove?  And when you say "file bankruptcy on" do you mean get rid of the debts or get rid of the liens, or something else? If this is your principal residence, you can get rid of a junior mortgage (i.e. not the first mortgage) if the current value of the property is less than the total amount owed to the first mortgage.  This is known as lien-stripping of the mortgage and can be done in either a Chapter 13 or Chapter 11 case, but not presently in a Chapter 7. Bankruptcy will discharge the obligation you have on the loans regardless, but the liens will remain against the property.  What this means is that if you get your discharge in a bankruptcy case, and the property is at some point foreclosed on, you will not owe anything that's left over (any deficiency balance) after the sale. Your best course of action is to schedule a consultation with an experienced bankruptcy lawyer in your area for more details on your situation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Nov 24th, 2012 at 2:12 AM

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