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May a creditor sue for a deficiency after filing a 1099 c
Have a pc who is being sued by a credit union for a former second mortgage on a foreclosed personal residence. Large amount of debt. The debt is the only debt in the case. Really! House foreclosed in 2010 and the credit union issued the 1099c the same year.
pc has to file a chapter 13.
There is not case out of Tennessee In Re Reed 492 BR 261 (May 2014) which holds a lender could not file for a deficiency after filling a 1099c cancellation of debt form.
No California cases I can find on the subject.
Anyone else have these facts and or any success with the forgiveness issue?
Thank you in advance.
Steve Burton
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