Legal Question in Bankruptcy in Maryland
Home equity loans
Can home equity loans(2) be included in bankruptcy?
Asked on 11/27/01, 12:48 pm
2 Answers from Attorneys
RAYMOND CARIGNAN
Raymond Carignan, Esq, LLC
Re: Home equity loans
Only if you are surrendering your home as part of the bankruptcy. You might consider a chapter 13 which would allow you to keep your home.
Raymond Carignan
(410 ) 975 9401
Answered on 11/27/01, 2:00 pm
Daniel Press
Chung & Press, P.C.
Re: Home equity loans
Home equity loans, like all debt, are "included" in the bankruptcy. In a Chapter 7, personal liability on the loan is discharged (so the lender cannot sue you), but the lender can still foreclose (but cannot collect any deficiency). In a Chapter 13, the arrearage can be cured, and if it's not on your principal residence the lien can be stripped down to the equity in the property. See an experienced bankruptcy lawyer for details.
Answered on 11/27/01, 3:02 pm
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