Legal Question in Bankruptcy in California

We are in the process of divorce since June 2009, we both hired divorce specialist. My wife is a Regestered Nurse (making 120k/year) and I am a strugling realtor (making between 15k to 30k). Child custody mediation has been accepted by both of us. I short sold 3 other homes (with no side contracts) that I owned and the bank foreclosed on the 4th (these 4 were deeded of to me by my wife). My wife lives in this 5th jointly owned home with 2 children. We jointly own only 1 home and their mortgauges with 1st of 275k (original in 2003) and a 2nd of 175k (taken in 2005). We have stopped payments on both since end of 2008. We have no other community property or any other seperate property left. She filed for Chapter 13 on 8/19 to prevent foreclosure sale of this home on 8/20. Meeting of creditors is schedule for 9/23. She has submitted a plan to pay 1st and 3% of 2nd and requested the 2nd to b made unsecure. What should I do protect myself and also preventing the 2nd from comming after me if Chapter 13 is accepted. I live in Sacramento Area. I need a specialist Lawyer who knows how to handle my wife's Bankruptcy and get me a Divorce. My wife started with Criminal case on me and put ristraing orders to get full custody of kids and also the home. Criminal and Ristraining orders have been dismissed. Next was property division and then divorce. This has been put on hold due to my wife's chapter 13. Which kind of Lawyer should I contact.


Asked on 9/09/10, 12:05 pm

2 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Your wife is attempting a "lien strip," which is avoidance (removal) of a second mortgage. However, the attempt is misguided, since you're also presumably on the second mortgage loan, yet are not part of the bankruptcy proceeding. Apparently, you both sought respective family law specialists; you should also both seek bankruptcy attorneys in your area.

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Answered on 9/14/10, 12:14 pm


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