Legal Question in Real Estate Law in California

The third attempt on a short sale for my home fell through again. I am trying to work out a short refi on the first mortgage. The second mortgage went to a debt collector. (Oxford Management) Can I file Ch. 7 on the second and still workout a short refi on the first?


Asked on 1/31/10, 8:05 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No. Chapter 7 is a bankruptcy in which you essentially surrender all of your property to a bankruptcy trustee who will sell it and apply the proceeds to paying your creditors. You are allowed to keep certain exempt property, but you'll pretty much lose control of your financial affairs for the duration of the bankruptcy proceeding. The trustee and the court will clean house for you and hand you back what's exempt or surplus after three or four months. See a bankruptcy lawyer for a better and more detailed description of Ch. 7.

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Answered on 2/05/10, 8:53 pm
Terry A. Nelson Nelson & Lawless

When you file BK, all your assets become the property of the Trustee to dispose of, subject to exemptions listed in the BK Code. In addition, your credit will be ruined [worse than it already is] for ten years or more.

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Answered on 2/06/10, 12:09 pm


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