Legal Question in Bankruptcy in California

Bankruptcy

I loaned money secured by real estate (investment properties) but the person is filing bankruptcy. What are the chances I'll be repaid?


Asked on 3/25/09, 5:24 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Bankruptcy

There are a lot of additional facts necessary to render an opinion as to this. If you have properly perfected first priority liens on the properties, there is a decent chance you will get repaid some of what you are owed. If you have subordinate liens on investment properties, you should be prepared that you may never recover any of what you loaned this person, assuming the first priority lender forecloses first and/or a number of other factors. It also greatly depends upon who the Debtor is and what chapter of bankruptcy he/she/it filed. You really need to review the specific facts related to this matter with a qualified bankruptcy attorney to determine with any degree of accuracy what may happen. You are welcome to call or email me off the board to discuss this further.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/25/09, 6:14 pm


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