Legal Question in Bankruptcy in Nevada

Chapter 7 Bankruptcy

Can a line of credit from B of A be part of a Chapter 7 bk?


Asked on 7/16/09, 11:04 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Chapter 7 Bankruptcy

All debts have to be listed in any bankruptcy. This would include any line of credit.

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Answered on 7/17/09, 10:27 am

Discharge of Line of Credit

I think your question is "Can you eliminate a line of credit loan in a Chapter 7?" Of course, the law requires that you list all your debts in your bankruptcy.

If the line of credit is secured by your home or other real estate (often known as a HELOC), you can eliminate the debt in a Chapter 7 only if you don't keep the property. To keep the property, you have to pay the debt.

However, you could eliminate this line of credit in a Chapter 13 through a process called lienstripping. For more information about lienstripping, go to www.lienstripping.com.

If the debt is not tied to any property, then of course it can be discharged in a Chapter 7, subject, of course, to the usual rights the creditor may have to object to the Bankruptcy, such as fraud, if the line of credit was recently acquired or used, or other issues that creditors have the right to raise.

Hope this helps!

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Answered on 7/17/09, 11:22 am


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