Legal Question in Bankruptcy in Michigan

I filed bankruptcy and was discharged in June of 2009. I had my first and heloc mortgages listed in the bankruptcy. My questionm is if I accept the loan modification on the first loan, will I be able to refuse the heloc loan due to insucre debt (house value not covering the amount).


Asked on 9/25/09, 11:34 am

1 Answer from Attorneys
Jesse Sweeney Sweeney Law Offices

You can only do this if you file a Chapter 13 case and do a lien strip of the 2nd mortgage. Judge Rhodes of our Eastern District has held that a prior discharge in a Chapter 7 is no barrier to stripping the lien, so feel free to contact me so we can file this case and eliminate the 2nd. We can also work on the loan mod while in the bankruptcy case. 248.719.5663.

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Answered on 9/30/09, 11:39 am


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