Concord, CA Bankruptcy Law Firms & Lawyers

Yes you can file bankruptcy and get the mortgage indebtedness discharged, but you must list all of your creditors. Your name would not come off the mortgage, but the debt would be forgiven. You cannot file bankruptcy just to get out of one debt, you file to get out of all of your debt. You can choose to reaffirm a debt, like a car loan or a credit card, but those debts are then not forgiven, and you can be sued if you later fail to pay.

At least three months if the residence has been continuous. If you have not lived continuously in a California county for that period of time you need to check with an attorney because it gets complicated. There are issues however with regard to the exemptions that you can use if you have been a resident of another state in the past two years. You need to check with a local bankruptcy attorney to see what exemptions you can use and how that will affect your case. The restrictions on the exemptions are designed to prevent people from moving to take advantage of exemptions in states that have higher exemptions.

What you do is set them up for and then file a lawsuit in bankruptcy court for violating the discharge injunction by continuing to bill you and not take the vehicle or remove the lien. Even though the lien on the vehicle survives a bankruptcy filing, if you are willing to surrender the vehicle, the secured creditor cannot try to collect any further from you. The secured creditor is limited to trying to collect from the collateral by repossessing it. Document the phone calls or other communications and save all written communications.