Legal Question in Bankruptcy in Massachusetts

I was holding a lien on a piece of property. After a few years of making payments we made a deal where they would pay half of the balance due if we would drop the lien. A year and a half later they filed chapter 7. The balance was forgiven yet I am still receiving checks. Have not cashed. Do I have any options. Thanks

Dave


Asked on 6/30/10, 4:42 pm

1 Answer from Attorneys

David Baker Law Office of David Baker

You should consult an attorney to be sure, but it sounds like you are ok. A voluntary lien is not affected by bankruptcy. Also, a bankruptcy discharge does not prevent someone from VOLUNTARILY repaying a debt; it just means that you can't force the debtor to pay. Consult an attorney to be sure if your situation is the same.

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Answered on 6/30/10, 8:43 pm


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