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Last Activity: Today, 03:09 AM
Joined: 08-01-2010
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  • EIDL loans are no different from any other loan secured by a blanket lien (UCC1). SBA gets the collateral (if it wants it), liquidates the collateral, applies the proceeds to the loan and can sue on the deficiency. SBA could decide to forego its collateral and just sue on the promissory note.
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  • For my cases, such a bank account, while an asset to be listed, is an asset that the Trustee cannot “take”:

    11 U.S.C. §541 (d) states:

    “Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest, such as a mortgage...
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  • despritfreya
    replied to Open Heloc in Ch. 13
    Welcome to the Forum. I am not quite following your post.

    1. Your house and cars are absolutely included in the bk. Either you pay the mortgage and car payments directly to the creditors or they get paid in the Plan. Either way, you listed the home and cars (if not leased) as assets...
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