top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Home Equity revolving credit account a BK

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Home Equity revolving credit account a BK

    I was wondering if I could discharge a home equity line of credit in a bankruptcy? $22k ish

    #2
    Oh and if a bill collector physically shows up at your house demanding payment, is that ok???

    Comment


      #3
      Liens or in rem liability

      Even though personal liability is discharged, most liens, the liability of an item of property for a debt secured by that property, pass unaffected through bankruptcy unless a court order modifies or voids them.

      So, after a bankruptcy discharge, a lien may remain a charge on an asset the debtor owned when the case was commenced, but that debt cannot become a lien on any assets that the debtor acquires after the bankruptcy discharge.

      Illustrations

      *A home equity loan remains as a lien on the real property after a bankruptcy discharge. If the loan is not paid, the lender cannot sue the discharged debtor to attempt to collect the debt out of current wages because the discharge has eliminated the debtor/borrower's personal liability for the loan. The creditor can foreclose on the lien on the pledged property, however. Simply put, you'll lose the house.

      *A judgment lien may remain a charge on assets owned before the bankruptcy, but does not attach to assets acquired after the bankruptcy is filed.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X