Question
Mark was a medical student who had low expenses, low income and a great credit score. His sister Shala took out a real estate loan
Mark was a medical student who had low expenses, low income and a great credit score. His sister Shala took out a real estate loan from Big Bank in Mark's name, using his good credit. Mark did not receive any of the loan proceeds. Ultimately, the loan went into default. The lender sued Mark and got a judgement against him in the amount of $800,000.
Today, Mark is a successful doctor. He is homeowner with a house in Los Angeles valued at $600,000 and a secured mortgage (a secured loan) on the house of $500,000. He is 45 years old and married. Other than the house, his assets are minimal. He still owes $50,000 on student loans, which he pays monthly.
How would Mark benefit by filling Chapter 7 of the bankruptcy code?In your answer, please discuss the $800,000 judgment against him from Big Bank, the $50,000 student loan debt and how his house would be treated in a Chapter 7 bankruptcy.
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