How can I wipe out home line of credit in bankruptcy , is it possible?

Asked almost 2 years ago - Boca Raton, FL

I have home line of credit of $110k. 1st mortgage of $50k. Same lender. My house market value $250k. I lost the the home line of credit money in bussiness investment.

Attorney answers (5)

  1. Carol Anne Johnson

    Contributor Level 18

    3

    Lawyers agree

    Answered . Depends on what Chapter of the Bankruptcy Code you are filing under. Under Chapter 7, the answer would be a qualified "yes" - however, if you are interested in keeping the home after the bankruptcy, you would most likely need to continue paying the secured liens (mortgage,HELOC, etc.). Recent case law in Florida (May, 2012) allows for "loan stripping" to remove junior liens (such as the HELOC), but only where the lien is NOT secured by the equity in the home. Since it appears your home is worth more than your first mortgage, this probably is not an option for you. You need to seek the advice of a bankruptcy attorney in Boca as to the best way to proceed.

    Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is... more
  2. William Joseph Kopp Jr.

    Contributor Level 12

    2

    Lawyers agree

    Answered . The basic answer to your question is that you probably can not due to the equity that you have against your first mortgage. BK still may provide other benefits, especially if the majority of your debt is business debt.

  3. Jeffrey David Solomon

    Contributor Level 11

    2

    Lawyers agree

    Answered . Based on the dollars and values you indicated, bankruptcy will not eliminate the mortgage and equity loan liens on your home. Though bankruptcy would discharge the debt, due to your equity in the home bankruptcy will not help eliminate the second mortgage or equity line.

    The questions and answers posted on AVVO are for general information and should not be treated as legal advice or... more
  4. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . Have you asked your bankruptcy attorney if this is possible?

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Stephen M Trezza

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Not possible with your facts.

    This answer does not create an attorney client relationship between you and I. I am not your attorney unless we... more

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