Can joint mortgage be included in personal bankruptcy? 5 Answers as of September 28, 2010

Can I discharge a joint mortgage through my Chapter 7 personal bankruptcy?

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Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
It depends on whether you're in a community property state. CA is a community property state and all community assets MUST be included in the bankruptcy.
Answer Applies to: California
Replied: 9/28/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
Mortgages are not discharged in bankruptcy. You can surrender the house in the bankruptcy and avoid a deficiency judgment. You must list all debts including joint mortgages.
Answer Applies to: Florida
Replied: 9/28/2010
V U.S.A. Law Offices
V U.S.A. Law Offices | Michael Vu
Only if you surrender the real property. If you intend to keep the real property, then the mortgage obligations you owed the lender(s) are considered secured, which have to be paid. If you do not, they can seek a relief from the automatic stay to pursue a foreclosure on the property.
Answer Applies to: California
Replied: 9/27/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
I'm not sure I understand your question. When you file a bankruptcy case, you seek to discharge your obligation to pay on certain debts. You cannot discharge another person or entitys obligations to pay on any debt.
Answer Applies to: California
Replied: 9/27/2010
The Doan Law Firm
The Doan Law Firm | Shawn Doan
Yes, however the discharge will only be applicable to your personal liability, not the liability of the property or the joint owner.
Answer Applies to: California
Replied: 9/27/2010
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