Legal Question in Bankruptcy in North Carolina

Deed of Trust

I have a deed of trust on a home dated 3/22/99 filed in the court house, in which there is still a debt of $23,000. I just found out that the person has filed bankruptcy around the first week of August 1999. What are my legal rights. Are there forms or claims that I must file to make my claim. I am usderstand that this house is being put on the market and that the person will be moving in the next couple weeks. How or where do I go to see what order my claim my be to the other creditors that may be out there?


Asked on 9/26/99, 11:49 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Deed of Trust

You should retain experienced bankruptcy counsel to review the case and the state of the title to the real estate to determine what is your best course of action. The lien survives the bankruptcy unless the debtor or trustee take affirmative steps to avoid it, and a proof of claim may or may not be appropriate depending on the Chapter, the amount of equity, and other factors.

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Answered on 9/28/99, 2:05 am


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