Legal Question in Bankruptcy in California

Re: Can I just file bankruptcy on my second mortgage

I am surprised that nobody is willing to speak to you by phone - most bankruptcy attorneys are more than happy to talk to a prospective new client. Interesting . . .

To answer your question, to comply with Federal Law governing bankruptcy filings, yes, you must list all persons and entities to whom you owe money at the time of filing for bankruptcy. Further, it is to your advantage to list all debts secured by your home - for reasons too complex to cover here, it can help you overcome the means-testing that determines whether you can go to Chapter 7 or Chapter 13 bankruptcy. Now, the problem I see is that you may not be fully aware of the effect a bankruptcy will have on debts secured by your home. If you file, for instance, a Chapter 7 bankruptcy, you will not be discharging the second mortgage on your home - you either agree to repay both post-filing, or you lose your home. You don't get to pick and chose what you do and do not include in your bankruptcy. I was at a Meeting of Creditors today (a meeting you must attend as debtor in bankruptcy), and the Trustee and U.S. Trustee (a branch of the Department of Justice) threatened to pursue criminal charges against a debtor who admitted to having deceived the court by omitting certain debts and certain assets. Stupid - he wasn't represented by an attorney, but took advice from a paralegal. My advice to you is keep calling attorneys in your area - you certainly will find a bankruptcy attorney who will at least discuss your situation further by phone, and if you are truly housebound, hopefully set an appointment to come see you. It may cost considerably more to do so, but its really your only choice if you want to evalutate your situation.

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