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