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section 11 USC 1325 (4)

Posted on: 29th Mar, 2010 09:11 pm
Single party, filing Chpt 13, with spouse holding six figure
loans with 1-5 yr maturities to second parties which produce income .
Can unsecured Creditor force liquidation of loan principal to satisfy 11 USC 1325 (4) which states an unsecured creditor will not recieve less than they would have in Chpt 7 filing.
We earn too much for Chapt 7.

thanks
Hi ealdog!

Welcome to forums!

Your creditors have the rights to get their debts satisfied. I would suggest you to have a word with your bankruptcy attorney in order to check out whether or not the unsecured creditor can force a liquidation of loan principal. However, if you're filing bankruptcy alone, then the lender will not be able to come after your husband's assets for satisfying your creditors.

Feel free to ask if you've further queries.

Sussane
Posted on: 30th Mar, 2010 12:57 am
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