Legal Question in Bankruptcy in Arizona

When a home is included in a bankruptcy, shouldn't the attorney file an avoidance of lien automatically ? Or is this something that has to be discussed and is an "extra service"?


Asked on 8/31/09, 1:27 pm

1 Answer from Attorneys

Matt Eggleston The Law Office of M. R. Eggleston

Generally, if you are letting your house be foreclosed, it operates outside of the bankruptcy and is covered under Arizona's Anti-Deficiency Judgment Statute if you were living in the home (according to the new statute recently passed - which may be overturned soon). The exception to this is if you have a second mortgage that is an equity line of credit. In this case, it is put into the bankruptcy and no notices need be filed. This is, of course, a Chapter 7 bankruptcy I am speaking about. A Chapter 13 is a bit more complex. You need to determine which chapter you qualify for filing, if a bankruptcy is even a reasonable option for you. Finally, if you are keeping your home, you simply need to keep your payments current and you may keep the home.

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Answered on 9/05/09, 3:37 pm


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