Bankruptcy Law/Lien removal


Hello. I filed bankruptcy in December of last year to stop foreclosure on a house and property I inherited. I received a letter last month from Chase Mortgage saying that tjey releasing my lien and I would be credited any amount in my escrow. I also can sell or refinance and I no longer have to live on property and I am not required to have insurance. What does this all mean? My attorney is researching it but he has never heard of this. My bankruptcy still has four years before being discharged.

I'm sorry to say that I've never heard of this happening either.  I gather you filed Chapter 13 and the plan must be ongoing.  Therefore, I'm not sure why Chase would do that, since if you dismissed the case it would have no effect on Chase's rights.  If you are planning on doing anything as a result of Chase's letter, I supposed that I would advise sending a notice to Chase and the trustee, indicated what you were going to do in reliance on Chase's statement and see if anyone does anything.  If no one did anything, then you would go ahead.

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Michael T. Hertz


I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.


See above. Basically, 33 years of experience.

inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.

California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.

Harvard Law School, J.D.; Pomona College, B.A.

Awards and Honors
Superlawyer in Northern California, 2005 and 2006

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