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Can you include your 2nd mortgage in bankruptcy? We are considering claiming bankruptcy because we are unable to keep up with our bills and are sinking fast. We have a primary mortgage and a 2nd mortgage on the same property- can the second mortgage be included in the bankruptcy?
By GV Posted on 04/08/10 Total Answers 1
Answers-
Yes, ALL debts and ALL assets must be listed on your bankruptcy schedules. You do not get to pick and choose which debts to include and which not to include. However you need to be aware that any debt that is secured by a perfected lien against a home, car, etc., still needs to be paid (reaffirmed) if you want to keep the property that secures it. Sometimes in certain circumstances jr liens can be stripped down to the actual value of the property. Make an appointment with a bankruptcy attorney in your area for a full discussion of your particular situation.
Answer by : rpg On Date 2010-04-10 08:56:07

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