QUESTION

What happens with a Home Equity Loan under a bankruptcy? We are staying in the house but discharged all other debt. Is that debt discharged?

Asked on May 04th, 2011 on Bankruptcy - Iowa
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What happens with a Home Equity Loan under a bankruptcy? We are staying in the house but discharged all other debt. Is that debt discharged?
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General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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What happens to home equity loans would depend upon the circumstances of the case, and the case law differs depending upon the circumstances.  Thus, it is imperative that the debtor contact an attorney to assist the debtor through the bankruptcy and should be able to answer this question for the debtor in his/her specific case. I am assuming that that Justin is referring to Chapter 7 in which nonpriority debts can be discharged. If the loan exceeds the value of the home, it is possible that the amount of the loan exceeding the value of the house could be discharged. If the equity loan is a second loan and the primary loan secures the value of the home, with the second loan being totally unsecured, it is possible that the loan could be discharged.  The loan could also be secured by the home and if the debtor wants to retain the home, the loan may not be discharged.  The debtor needs to contact an attorney to sort out the facts and determine whether the loan could be discharged or not.  
Answered on Sep 25th, 2011 at 1:29 PM

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