Legal Question in Bankruptcy in Connecticut

discharge of 2nd mortgage

I am considering filing for personal bankruptcy. Will it be possible to keep my house and vehicle and will it be possible to discharge a 2nd mortgage.


Asked on 9/06/00, 2:40 pm

1 Answer from Attorneys

William McLeod McLeod Law Offices, PC

Re: discharge of 2nd mortgage

This is not an easy question to answer because there are too many variables. You could go into a Chapter 7 provided that your equity is fairly limited in both the car and the house. You mention a second mortgage: it cannot be discharged. However, if the property is over secured, a "cramdown" may be available. In that situation, the debt must be higher than the property value. In certain circumstances, you can consider the amount of debt over the value of the property as "unsecured" - but that's something that you need to address with an attorney, who can evaluate all of the facts and issues. Good luck.

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Answered on 10/05/00, 11:03 pm


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