Legal Question in Bankruptcy in California

Re: second mortgage

First, you need to file an accurate Proof of Claim Form. Second, you need to review the Debtor's bankruptcy filing and chapter 13 plan to make sure you are being treated as a secured creditor, and that the plan provides for full repayment of what you are owed. Finally, if you are not properly listed, or treated correctly in the plan, you need to object to the plan. Living in North Carolina, its going to be hard for you to pursue this on your own, and you would be much better served by retaining local bankruptcy counsel in California to represent your interests. The only difficulty is that there is a recent case in which a mortgage creditor was denied any attorneys fees and costs related to defense of a bankruptcy where the promissory note and deed of trust did not provide for them. You may have a difficult time being made completely whole, but retaining a qualified attorney will help ensure that you get treated fairly and get what you are entitled to under the law. Feel free to call or email my office if you are interested in representation.

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