[Personal] Bankruptcy is complicated.
9 years ago
I don't understand. I don't understand anything. I think the difference between Ch 7 and Ch 11 might be voluntary filing but I am not sure. Also what is this number that changes every year for and what are the standards for "abuse" of the bankruptcy provisions? Why would a creditor refuse payment and force filing?In what situation would that ever be preferable?
and my number one question of the day:
Why is the original debtor only sometimes still liable for a mortgage on a property that is sold subject to a lien, if the new owner is aware of it? Why only sometimes? Why not all the time? What even is a mortgage?
To clarify: I am not filing for bankruptcy. I am studying for a license exam.
and my number one question of the day:
Why is the original debtor only sometimes still liable for a mortgage on a property that is sold subject to a lien, if the new owner is aware of it? Why only sometimes? Why not all the time? What even is a mortgage?
To clarify: I am not filing for bankruptcy. I am studying for a license exam.
When property is sold subject to a lien, the buyer takes on the debt, which is reflected in the purchase price. I understand that the original creditor might get mad because they don't have a chance to decide whether or not to contract with the new buyer (run credit checks and such), and would hold the original debter responsible, just like in a negotiable instrument. but apparently there's a way to not do that??? But like, what do you do if the collateral real property has been sold and the new buyer isn't liable under the consumer goods thing, so you can't repossess the collateral? Are you still considered secured up to the value of house for taking the first cut of a bankrupt estate, and is it the previous value or the current value?
So many questions. So little law internet.