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Deceased spouse and other spouse filing Ch. 13 bk.
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See 102(2) - that should solve your problem
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nathan Berneman
Sent: Thursday, October 28, 2010 4:11 PM
To: cdcbaa
Subject: [cdcbaa] Deceased spouse and other spouse filing Ch. 13 bk.
I have a client in the Woodland Hills Bk. court in a Chapter 13. We want to
file the LAM Motion to get rid of the 2nd as an unsecured debt. Husband who
is now deceased, is on the 1st and 2nd TD's ONLYand obtained the loans prior
to marriage. Wife (Filing spouse) is on title through a family trust
created while husband was alive.
1st TD has been fine with everything since husband passed away and has
stopped foreclosure sale so debtor can take care of things.
PROBLEM: Since Debtor is not on 2nd TD loan, can I still file a LAM Motion
to get rid of the 2nd? As I go more and more through this, I would say, NO
because she is not on the loan. If I can't file the LAM, she will not be
able to continued with mortgage payments for the 1st and 2nd and will lose
the home.
Any thoughts would be greatly appreciated.
Thank you,
Nate Berneman
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Message
See 102(2) - that should
solve your problem
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I have a client in the Woodland Hills Bk. court in a Chapter 13. We want to file the LAM Motion to get rid of the 2nd as an unsecured debt. Husband who is now deceased, is on the 1st and 2nd TD's ONLYand obtained the loans prior to marriage. Wife (Filing spouse) is on title through a family trust created while husband was alive.
1st TD has been fine with everything since husband passed away and has stopped foreclosure sale so debtor can take care of things.
PROBLEM: Since Debtor is not on 2nd TD loan, can I still file a LAM Motion to get rid of the 2nd? As I go more and more through this, I would say, NO because she is not on the loan. If I can't file the LAM, she will not be able to continued with mortgage payments for the 1st and 2nd and will lose the home.
Any thoughts would be greatly appreciated.
Thank you,
Nate Berneman
I have a client in the Woodland Hills Bk. court in a Chapter 13. We want to file the LAM Motion to get rid of the 2nd as an unsecured debt. Husband who is now deceased, is on the 1st and 2nd TD's ONLYand obtained the loans prior to marriage. Wife (Filing spouse) is on title through a family trust created while husband was alive.1st TD has been fine with everything since husband passed away and has stopped foreclosure sale so debtor can take care of things.PROBLEM: Since Debtor is not on 2nd TD loan, can I still file a LAM Motion to get rid of the 2nd? As I go more and more through this, I would say, NO because she is not on the loan. If I can't file the LAM, she will not be able to continued with mortgage payments for the 1st and 2nd and will lose the home.Any thoughts would be greatly
appreciated.Thank you,Nate Berneman
The post was migrated from Yahoo.