Legal Question in Bankruptcy in West Virginia

Debtor protection through Bankruptcy

Filed Bankruptcy in 1991 in Va. Reaffirmed debt on Mobile Home. We paid the loan off 2/5/99. At this time the creditor refused to release the title. Stated we had caused the Credit Union a loss. We had two other unsecured debts with this place that both were discharged in the Bankruptcy. They are trying to blackmail us in to reaffirming these debts, in lieu of our title. I know this is not legal. What can we do? Do we have grounds for a lawsuit? What do we need to do to receive our title.


Asked on 2/09/99, 12:28 am

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

Re: Debtor protection through Bankruptcy

The question is whether your loans were properly cross-collateralized. Credit unions routinely cross-collateralize their loans, which means that any collateral securing one secures them all. However, often their documents leave something to be desired. You need to have a lawyer look carefully at the loan documents to see if the loans are in fact validly cross-collateralized.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 2/09/99, 8:57 pm


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