Legal Question in Bankruptcy in California

I filed Chapter 7 bankruptcy per se on, I have been discharged, my mortgage balance is $404K, my market value is $160K. I received a letter from a debtor for my in-ground swimming pool which was included in the bankruptcy saying that my security interest in my property was not discharged. I thought it was a credit loan but I found the paper work and it has a deed of trust and request for notice of default for the loan. Can the debtor reposses the collateral or foreclose on my property, and what should I do contact the creditor or ignore the letter.

Asked on 1/03/13, 4:32 pm

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

You filed under the wrong chapter if you need to do a lien strip and your property is underwater. Chapter 13 is the only bankruptcy that allows for that type of thing. You can still file a new case under Chapter 13 to do the lien strip.

We do handle chapter 13 s all across the state for no money down.

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Answered on 1/03/13, 4:52 pm

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