Legal Question in Bankruptcy in California

Chptr 7

I'm modifiying my 1st mort. My 2nd was extremely stubborn and not willing to modify (even though they are no longer secured by my property) the holders of my second Mortgage sent it to collections and is going to ''charge off'' the amount.

Because this is no longer a secured debt--can I file under chptr 7 instead of 13 and still keep my house?

Hope I'm making sense.

Thanks!


Asked on 6/14/09, 4:32 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Chptr 7

The second mortgage can only be removed in a Chapter 13 bankruptcy.

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Answered on 6/14/09, 4:42 pm


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