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?


Asked on 10/22/09, 1:20 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*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 10/27/09, 8:07 pm


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