In CA, can a partially secured 2nd TD, secured only by the primary residence, be reduced to the amount of the remaining equity?

The Supreme Court has construed 1322(b)(2) to mean that you cannot. This so-called "anti-modification" clause refers to claims "secured only by a...

I assume your AP was for the ultimate purpose of stripping off an unsecured lien. Most courts are holding that you can't strip a lien in c. 7. Even...

Bankrupt ?

There are many traps in the bankruptcy code. Filing without an attorney can cost you your house, your car, the tools you need to work, or other...

Can you file bankruptcy on a judgement for furniture, appliances, etc??

Yes, as far as your question goes. But people who sell furniture and appliances often retain a purchase money security interest, and that can't be...

My wife filed a chapter 7 while our house is in foreclosure and the case not closed yet. will they forclose after the discharge

Yes, and you can start down the road toward being banned from filing frivolous, bad-faith bankruptcy cases. If you lack a true rehabilitative...

My HOA was granted a final judgement of foreclosure, would chapter 13 bankrupcy help me?

Section 1322(c)(1) gives you the ability to cure your default "until such residence is sold at a foreclosure sale that is conducted in accordance...

Bankruptcy and our tax refund

I agree with the other answer that your tax refund should not be counted as income on the means test. As he said, the money that was withheld from...

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If I have already filed and have been discharged from a bankruptcy, and a civil judgement is coming up on my credit report what

Since you didn't say there was a lien on your home as a result of this judgment, I'll answer on the assumption that there wasn't and that all you...

Separated husband wants to file BK on past maritable debts...I do not.

You need a California attorney who is skilled both in bankruptcy and in domestic relations. In a non-community property state like Massachusetts,...

What are my options if a creditor violates the automatic stay in bankruptcy?

When a creditor seeks to collect a debt that existed on the petition date, they violate the stay. After discharge, when a creditor seeks to collect...