Legal Question in Bankruptcy in California

got home equity loan and gamble most of it

About 5 months ago I go a home equity loan ($25,000) from a friend. We signed an agreement where I used my house as security with terms that are very similar to a 2nd home equity loan I have from a bank.

I lost most of the $25,000 in gambling. I am about to file for a chapter 7.

Would the above transactions create problems for me ?

thanks.


Asked on 10/25/02, 11:05 am

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: got home equity loan and gamble most of it

This is a tricky area, and a lot depends on your history of gambling, whether you kept receipts of the prior winnings you may have had over the years, and if you had a reasonable expectation of winning (based on prior trips to the casinos). It's not automatically a problem, but it is more complicated than just giving you a yes or no answer. Your friend, of course, can foreclose on your property if you don't repay the loan according to its terms.

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Answered on 10/25/02, 11:14 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: got home equity loan and gamble most of it

Thank you for your posting. As Mr. Markus indicated, there is not an easy answer to this.

Legally, your friend is a secured creditor, and you cannot normally simply discharge secured debt (you either must continue to pay on the lien, suffer the lien until the property is sold, or give up the property).

In your case, you may be entitled to a motion to reduce or eliminate the lien, depending on some factors that are not in your question or facts given.

I know this may not be completely helpful, but if you want to give me more information, please feel free to email me at [email protected].

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Answered on 10/25/02, 3:00 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: got home equity loan and gamble most of it

You still have to repay the loans as they are secured by the house.

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Answered on 10/30/02, 12:21 pm


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