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AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my friend get sued for a loan I repaid her?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
I would hang tight. It is unlikely that the trustee will actually sue your friend for this small amount of money, as the legal fees and administrative costs would not result in much of a distribution to your creditors. The arguments you make as to your intention and the source of repayment aren't particularly persuasive. You may wish to consult with other attorneys in your community about the reputation of the trustee assigned to your case as to whether s/he will follow through on this threat.
I would hang tight. It is unlikely that the trustee will actually sue your friend for this small amount of money, as the legal fees and administrative costs would not result in much of a distribution to your creditors. The arguments you make as to your intention and the source of repayment aren't particularly persuasive. You may wish to consult with other attorneys in your community about the reputation of the trustee assigned to your case as to whether s/he will follow through on this threat.
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Does Chapter 7 bankruptcy automatically accelerates a debt?

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Answered by attorney Ronald Karl Nims (Unclaimed Profile)
Bankruptcy lawyer at Ronald K. Nims
I've never read your mortgage, so I don't know the terms of your mortgage. Most mortgages with large lenders are only accelerated if the lender sends a notice to you that it has been accelerated. You can't reaffirm a mortgage, reaffirmation of a mortgage gives a debtor significant obligations and no benefits. That will never pass the "best interest of the debtor" test. You are not personally liable on the mortgage but it is a lien against the house.
I've never read your mortgage, so I don't know the terms of your mortgage. Most mortgages with large lenders are only accelerated if the lender sends a notice to you that it has been accelerated. You can't reaffirm a mortgage, reaffirmation of a mortgage gives a debtor significant obligations and no benefits. That will never pass the "best interest of the debtor" test. You are not personally liable on the mortgage but it is a lien against the house.
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Am I responsible if we were legally separated at the time of this debt?

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Answered by attorney Ronald Karl Nims (Unclaimed Profile)
Bankruptcy lawyer at Ronald K. Nims
When you say "she gave up rights to the property at the time of bankruptcy" do you mean that a new deed or court order was recorded that only shows your name and not her name? If not, then she's still owner of 1/2 the house. The bankruptcy papers won't be accepted as proof of transfer of ownership because ownership is only transferred by deed or court order. If the judgments were recorded as liens after the date she filed bankruptcy, they are invalid. You can have them removed. The easy way (maybe not so easy if you and the ex aren't on good terms) is to have the ex or the ex's lawyer (you'd be paying for this) write the lienholder and inform them that their lien is in violation of the discharge injunction of her bankruptcy, request that they voluntarily release the lien and threaten to take them to the bankruptcy court for sanctions. The hard way is to file a suit to clear title with the county court and get a court order releasing the liens. If the liens were recorded before she filed bankruptcy and while her name was on the deed, then the liens are valid. To release them, you'll have to pay them off.
When you say "she gave up rights to the property at the time of bankruptcy" do you mean that a new deed or court order was recorded that only shows your name and not her name? If not, then she's still owner of 1/2 the house. The bankruptcy papers won't be accepted as proof of transfer of ownership because ownership is only transferred by deed or court order. If the judgments were recorded as liens after the date she filed bankruptcy, they are invalid. You can have them removed. The easy way (maybe not so easy if you and the ex aren't on good terms) is to have the ex or the ex's lawyer (you'd be paying for this) write the lienholder and inform them that their lien is in violation of the discharge injunction of her bankruptcy, request that they voluntarily release the lien and threaten to take them to the bankruptcy court for sanctions. The hard way is to file a suit to clear title with the county court and get a court order releasing the liens. If the liens were recorded before she filed bankruptcy and while her name was on the deed, then the liens are valid. To release them, you'll have to pay them off.
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