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We endured a chapt. 7 bk in 08. modified our 1st in 09. May we file a chapt 13 bk to deal with the 2nd?

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lesweyant Joined: 27 May 2011 Posts: 1 1.34 Dollars($)	Posted: Fri May 27, 2011 8:51 pm    Post subject: We endured a chapt. 7 bk in 08. modified our 1st in 09. May Like 0 Dislike 0 The value of the property is $500,000 to $510,000. First is $422,000 second is $88,000, $510,000 total. The second has been "charged off" and there have been no assignments on the second. My fear is that when the value goes high enough to make it realistic to retrieve their money that they will forclose. We obviously cannot pay the second but can afford the new terms on the first. The holder of the second refuses to work with us on modification because the first secured all the income. Can we file a chapt. 13 and eliminate the second, or revisit the chapt 7 bk and modify it?
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Mon May 30, 2011 12:44 am    Post subject: Like 0 Dislike 0 Hi lesweyant! Welcome to forums! You can go for the option of Chapter 13 and strip off your second loan. To know more in this regard, check out the given page: http://www.mortgagefit.com/bankruptcy/chapter13-lienstripping.html You should contact a bankruptcy attorney and take his opinion before filing Chapter 13. Feel free to ask if you've further queries. Sussane

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