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If I received a chapter 7 discharge and there was a

promissory note with no collateral...
If I received a chapter 7 discharge and there was a promissory note with no collateral involved but the note contained other terms to be completed by the creditor, is the creditor obligated to meet the terms of this note or does the entire note all the terms become unenforceable, cancelled or abandoned because the deb portion of the note was discharged?
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10/10/2015
Roger
Roger, Attorney
Category: Bankruptcy Law
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Hi - my name is ***** ***** I'll be glad to assist.

If the debt was included in the bankruptcy, then the contract/note is completely unenforceable against the debtor. Thus, all terms would be void -- not just the terms regarding the repayment of the debt.

Roger
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Category: Bankruptcy Law
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer reply replied 2 years ago
if the terms are null and void, the note which contains terms regarding a life estate, are then terminated.
Thus the life estate which is held by an incompetent person with a POA, can authorize his POA to initiate and sign a rental agreement on the property on behalf of the life estate holder if they vacate the property.... in Oregon the holder of a life estate can rent the property... ??

If the loan is unsecured, I don't know what life estate would be involved....but there would have to be another document conferring a life estate.....and the property ownership wouldn't be affected by an unsecured debt.

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