Under section 362 of the bankruptcy code, a bankruptcy will not stay an eviction lockout on residential property where, as here, the basis for...

My husband and I bought a land and build a house in California which is our primary residence.

If property is held in a fammily limited partnership, a reassessment occurs if more than 50 percent of the partnership interes changes hands. ...

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Prospective tenant planning to file for bankruptcy. How to avoid being a creditor?

No lease agreement or other contract can be "bankruptcy-proofed." The lease agreement may be assumed by the trustee in a chapter 7 case, in which...

Can I do a loan modification while in Ch 7?

Many chapter 7 debtors start the modification process in bankruptcy and receive the modification after discharge.

Need a home loan modification attorney...

Most loan modification applications are denied, although bankruptcy is seldom a disqualifying factor because the modification in based on financial...

Is it easier to get a chapter 7 discharge than a chapter 13?

The discharge of a chapter 13 case is contingent on the sucessful completion of repayment plan over 3 to 5 years. In that respect, a discharge is...

If a rented property is to be auctioned off do I still have to pay rent to a property management?Or do I wait for the new owner?

Your obligation to pay rent remains even if the property is in foreclosure.

When is a loan "perfected"?

In your scenario, the first deed of trust survives the sale and remains in your name. The first lender will continue to report to the credit...

Am in Ch 7 bk. Can we cancel or withdraw? Filed ch 7 to prevent foreclosure on primary residence. We have paid all arrears

The debtor can file a motion to dismiss the case. However, if the chapter 7 trustee is trying to sell your rental properties, the trustee will...

Is a second mortgage in California non-recourse?

Based on the facts you have presented, you are liable for the second mortgage. Because this was a refinance loan, it does not fit within one of...