Legal Question in Bankruptcy in California

I am disabled, collecting SSD, and trying desperately to stabilize the life I'm left! I am filing chapter 7 right now, and what's killing me is an equity line of credit I used to make ends meet after the accident, they've attached to my mortgage, I can't even refi! When life hands you something like this, knocks you down, isn't there something I can do to combat this secured debt? I'm only trying to get things in order!


Asked on 11/23/09, 2:18 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to confer with an experienced bankruptcy attorney. There are potentially many things that can be done with that line of credit. First, if it is wholly unsecured, then you may be able to strip it from the house, but only in a chapter 13 bankruptcy. Further, if the loan is secured by more than just your primary residence (for instance, a bank account or other asset), you may be able to modify that loan in a chapter 13 even if it is partially secured. Again, these are tremendously complex issues, and you need to consult with an experienced, qualified bankruptcy attorney. This is not something you should attempt on your own, as failure to do it right could severely impact your rights, and future obligations.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/30/09, 5:50 pm


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