Legal Question in Bankruptcy in California
i am trying to eliminate 2nd mortgage 97k, if i were to file ch 13 am i obligated to pay the agreed amount back? why does it suggest "if i were to complete it successfully for 5 years", sounds like i have an option. if i were to sign over house to spouse then file for divorce, and have her file for ch 7 since she makes less than i do, would that hold up?
1 Answer from Attorneys
Lien stripping in a Chapter 13 bankruptcy is not an easy thing to do, and can only be done under certain, very limited circumstances. In a Chapter 13, if you strip the lien, then you would pay it back either in part or in whole in your plan as a general, unsecured debt. I'm not sure what resource you are referring to when you say "it suggests," so I cannot answer that part of the question. What will get repaid of that second is whatever your plan provides will be repaid, which is driven primarily by your net, disposable income. Filing for divorce, transferring property and then filing bankruptcy - sound suspiciously like attempting to manipulate the system. I would suggest that you consult with an experienced, qualified bankruptcy attorney before you do anything. Most transfers of property in anticipation of filing bankruptcy are going to be considered to be fraudulent, and can actually be reversed by the Bankruptcy court. Consult with an attorney before you do anything.
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