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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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I got a judgement of $75,000 for a dog bite case. The owners

Resolved Question:

I got a judgement of $75,000 for a dog bite case. The owners of the dog have filed ch.13 and my lawyer says the judgement is dischargeable under ch13 laws. We have a lean on the house. Should we file a petition in the bankruptcy court or not? Will the lean on the house be dischargeable?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Whether or not your lien will be dischargeable will depend on whether the debtor's homestead exemption is greater than the value of the lien.

cfortunato :

To help determine this, please answer the following:

cfortunato :

1) What is the current market value of the home?

cfortunato :

2) What is the balance on the mortgage?

Expert:  cfortunato replied 4 years ago.

Thank you for your response.

Given the information you provided, the lien can be discharged also - because the house is worth less than the mortgage.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

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