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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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in a chapter 7 case where the elderly debtor is saddled with

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in a chapter 7 case where the elderly debtor is saddled with debt fraudulently induced by debtors sons, if secured creditor fails to file a claim, how does the debtor challenge the note and deed of trust on her home?

A secured creditor doesn't need to file a proof of claim, because the secured debt "rides through" the bankruptcy unimpaired.

Assuming that the secured creditor doesn't file a claim, and the debtor believes that the debt is fraudulently obtained, then the debtor could file an adversary proceeding in bankruptcy court to quiet title to the property and avoid the secured interest -- but, unlike with a creditor who files a proof of claim, the creditor must be personally served summons and complaint in the same manner as with a regular lawsuit in federal court.

Please let me know if I can clarify anything or further assist.

Hope this helps.
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