High court rules 2nd mortgages can’t be voided in bankruptcy

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Bankruptcy Explained: Chapter 7 vs 13 vs 11 Many clients are often confused about what chapter of bankruptcy would be appropriate for them and understandably so. The bankruptcy rules are complex and ever changing.

Before I can accept column writer Sophia Nelson’s premise about health care, I have some questions [I had a good job and insurance – but high health care costs still drove me to bankruptcy. It’s.

Can I Get Rid Of My Second Mortgage? The debtors sought bankruptcy protection under Chapter 7 and asked the court to void (or "strip off") the second mortgages. The bankruptcy court granted the motions. Bank of America appealed to the U.S. 11th Circuit Court of Appeals in Atlanta, which upheld the bankruptcy judge’s decisions.

Lien stripping is a Chapter 13 bankruptcy tool that allows people who are upside down (meaning your mortgage exceeds the value of your house) on their house to get rid of their junior liens such as second or third mortgages. Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the.

The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home’s market value has dropped below the amount they owe on the first.

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In Bank of America, N.A. v. Caulkett, Case No. 13-1421 (June 1, 2015), the United states supreme court ruled that a second mortgage on an an "underwater" home – one with a mortgage balance exceeding its current value – cannot be voided during bankruptcy.

The first measure is temporary and is expected to cost the government $6 billion; the second is permanent. private student loans in bankruptcy. At present, students loans are one of a few types of.