Legal Question in Bankruptcy in Louisiana

new loan while in chapter 13 bankruptcy

My husband and I puschased a house in 1998 and divorced in 2002 but, we never had a property settlement. He filed a quit claim with family court and now only my name appears on the deed. He of course is still on the mortgage note we also have a second mortgage on this house. I filed for chapter 13 bankruptcy in 2004. I would like make a new loan to combine both loans. My question is will I have get this approved by the court or just the trustee. I won't be creating new debt, it will be more or less consolidating two loans


Asked on 4/19/08, 10:42 pm

1 Answer from Attorneys

J. David Andress Grand Law Firm

Re: new loan while in chapter 13 bankruptcy

You definitely must seek court approval before refinancing. A motion with the loan documents attached must be filed and noticed for hearing.

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Answered on 4/21/08, 8:38 am


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