Irvine, CA asked in Bankruptcy for California

Q: How can I find out if my second mortgage was dismissed in my Bankruptcy case?

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1 Lawyer Answer
Norma Duenas
Norma Duenas
  • Bankruptcy Lawyer
  • Los Angeles, CA
  • Licensed in California

A: This question is difficult to answer without further information. Was your bankruptcy case a Chapter 7 or a Chapter 13. Were you trying to strip your second mortgage in a Chapter 13? Generally you can remove your personal liability for a second mortgage in a Chapter 7 bankruptcy, but if you intend to keep the home you must continue to pay it. Most judges in California do not allow you to strip second mortgages in a Chapter 7. In a Chapter 13 you can remove your second mortgage. The second mortgage will be removed if you complete your Chapter 13 plan and as part of the plan you proposed to avoid the second mortgage. For information on this you can go to:

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