Archive for June 4th, 2009

What happens to a real mortgage when a debtor files for bankruptcy?

Thursday, June 4th, 2009
JV asked:


I’m a creditor whose debt is secured by a real mortgage. I’ve received recently a notice that the debtor has filed for bankruptcy under chapter 7 of the US Bankruptcy code. What will happen to both my loan and my mortgage? Will I be enjoined from foreclosing the mortgage? The insolvent debtor by the way is an individual, not a corporation. Please prvide legal basis.

Thank you. :)

Tyrone

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