James Wood
07-26-2003, 09:35 PM
I've read much about people attempting to preserve a secured home in
Chapter 13 bankruptcy. I live in NY, and my question has to do with
surrendering a property and having the secured mortgage discharged in
a chapter 13 bankruptcy. Can this be done? In other words, I do not
wish to keep the home, and wish the debt discharged.
Thanks you.
J. Wood
Brett Weiss
07-27-2003, 07:53 AM
Yes, you can do this is a Chapter 13. What happens is that the
house is surrendered and sold, and any balance due is treated as
an unsecured debt.
--
Brett
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* BRETT WEISS, P.C. *
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The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"James Wood" <jwood8602@hotmail.com> wrote in message
news:8ce8856e.0307262035.407080eb@posting.google.c om... I've read much about people attempting to preserve a secured
home in Chapter 13 bankruptcy. I live in NY, and my question has to do
with surrendering a property and having the secured mortgage
discharged in a chapter 13 bankruptcy. Can this be done? In other words, I
do not wish to keep the home, and wish the debt discharged. Thanks you. J. Wood
Brett Weiss
07-27-2003, 11:21 AM
Thank you for your kind words.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"James Wood" <jwood8602@hotmail.com> wrote in message
news:8ce8856e.0307270829.6232185@posting.google.co m... Thank you for the answer Mr. Weiss. I've read many of the responses that you've unselfishly
provided in this group. I hope that it's been said before -- you provide
no small service here. Even if others have said it before, I want to
say thank you for helping me, and for making yourself available to the
many people you've helped here, many of whom are at their wits-end.
The help is sincerely appreciated. I also wish that you practiced law in my area (Syracuse, NY). J. Wood "Brett Weiss" <lawyer@erols.com> wrote in message
news:<v8ednd0C8qzjer6iXTWJkQ@comcast.com>... Yes, you can do this is a Chapter 13. What happens is that
the house is surrendered and sold, and any balance due is treated
as an unsecured debt. -- Brett
************************************************** *************** * Personal Injury/Malpractice
Bankruptcy * *
* * BRETT WEISS, P.C.
* * Attorneys at Law
* * Maryland, D.C. and Federal Bars
* * lawyer@erols.com
* * http://www.erols.com/lawyer
* *
* * Small Business Estates & Estate
Planning *
************************************************** *************** The Small Print: This response is for discussion purposes
only. It isn't meant to be legal advice and you shouldn't treat it
as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** *************** "James Wood" <jwood8602@hotmail.com> wrote in message news:8ce8856e.0307262035.407080eb@posting.google.c om... I've read much about people attempting to preserve a
secured home in Chapter 13 bankruptcy. I live in NY, and my question has
to do with surrendering a property and having the secured mortgage discharged in a chapter 13 bankruptcy. Can this be done? In other
words, I do not wish to keep the home, and wish the debt discharged. Thanks you. J. Wood
