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Asked in CA May 19, 2022 ,  0 answers
if a home refinance loan was signed during chapter 13 bankruptcy, is it legal
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2 Answers

Anonymous
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Posted on / Jun. 15, 2011 12:38:00

I will go so far as to say that a Chapter 13 debtor may refinance his home, pursuant to Section 1303 of the Bankruptcy Code. Such a transaction likely would have to be consistent with the debtor's approved Ch. 13 plan and might require prior court approval (I am not a bankruptcy lawyer). Whether a particular refinancing was "legal" would require absence of fraud on the part of the debtor/borrower and any necessary prior or subsequent approval by the bankruptcy court. If you need more detail, please re-ask your question under a LawGuru bankruptcy heading and provide more facts about the Ch. 13 plan, whether it provides for the refinancing, and whether prior or subsequent court approval was sought, whether the refinancing has been done or is merely being planned, etc.

Anonymous
Reply

Posted on / Jun. 15, 2011 12:38:00

I will go so far as to say that a Chapter 13 debtor may refinance his home, pursuant to Section 1303 of the Bankruptcy Code. Such a transaction likely would have to be consistent with the debtor's approved Ch. 13 plan and might require prior court approval (I am not a bankruptcy lawyer). Whether a particular refinancing was "legal" would require absence of fraud on the part of the debtor/borrower and any necessary prior or subsequent approval by the bankruptcy court. If you need more detail, please re-ask your question under a LawGuru bankruptcy heading and provide more facts about the Ch. 13 plan, whether it provides for the refinancing, and whether prior or subsequent court approval was sought, whether the refinancing has been done or is merely being planned, etc.

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