You cannot do it in a Chapter 7 for your business. There may be other structures which you can use to do this. For example, a Chapter 11 or combining your business with your individual assets and doing a Chapter 7 or 13 that way. This is a very fact specific issue.
You probably can't keep the house and you should just enjoy the benefits of living rent free for 5 years!! wow.
If you do want to keep the house, consult your bankruptcy attorney to see what the best options are. By now, with all the fees etc, your second is probably unsecured and you can do a 13 to strip it. You probably will then want to see if you can do a loan mod on the first.
What a scam! I'm sorry to hear that someone in our profession acts like this.
While a limited scope of engagement for an attorney is possible in a Chapter 7, that kind of limit is just redicilous and I too would complain both to the state bar and the united states trustee!
I disagree with everyone who told you to speak to your attorney; if all they mean is ask him what to do. Don't pay the second on a home you want to keep, alone, is going to screw you.
Many attorneys don't know what they are doing. It is up to you to figure this out. I can tell that you already suspect this attorney's competence and that's why you're here asking.
There are two cases here. The first case is that the first on your home exceeds the value of the home. In that case, you should...
You need to get an attorney for something like this. Why would you save a few thousand bucks to lose a whole house years down the line?
Most 363 sales are free and clear of everything but really you need to check. It's very possible that a smart attorney structures a sale where some liability is assumed.
This is more complicated than you think. The plan governs what happens.
I have a feeling you're a Debtor that either does not like their attorney or does not want to pay them for this advice and does not want to pay their creditor because of some dispute over some loan terms.
You absolutely need to talk to your attorney or obtain one that can answer your questions.
Here is a quick and dirty analysis that you should NOT rely on.
- If the creditor did not comply with a court order,...