Legal Question in Bankruptcy in Florida

can i file bankruptcy on a 2nd and 3rd lien but keep my 1st and get rid of the rest of my credit card debt


Asked on 7/22/11, 5:14 pm

3 Answers from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

Under the right circumstances you may be able to "strip" the lien of a mortgage from your property. This would only be accomplished in a type of bankruptcy that requires you to pay back a portion of your debt to your creditors. So you would be making a payment through the bankruptcy but, after making all payments successfully, you would discharge the remaining debt.

You should consult with a bankruptcy attorney to fully discuss your situation. Bankruptcy is a complex area of the law and you should not handle a matter such as this on your own.

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Answered on 7/22/11, 5:47 pm
Thomas Rosenblum Rosenblum Law Offices

Hello;

I just read your question & the two answers. I assume the liens you mention are mortgages. As such, yes there are ways to strip the two subordinate liens under a chap. 13 (the type of case where you make pymts. to a trustee for a few years and then the remaining bal of unsecured debts, such as credit cards, are discharged). If you have any more questions or if my office can be of further assistance to you in No. Fla., please give us a call. Tom Rosenblum

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Answered on 7/23/11, 10:31 am


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