QUESTION
Can we be sued after filing bankruptcy on our old house?
Asked on Nov 23rd, 2013 on Bankruptcy - New Jersey
More details to this question:
In 2009, we filed bankruptcy. We moved out shortly after and 4 years later, they are serving us papers saying they are suing us. I was told they can't do that. What should I do?
14 ANSWERS
William Rhymer
If you filed a Chapter 7, received a discharge, and did not reaffirm the mortgages, then you should not owe anything to the mortgage company. However, if you had a homeowners association and there was a delay in getting the real estate out of your name you could owe dues to the HOA and they can sue you for dues between the Chapter 7 filing date and the time the property was taken out of your name.
Answered on Dec 03rd, 2013 at 8:56 AM
Richard hirsh
Are they suing you for monetary damages or just foreclosure of the mortgage. And, if you reaffirmed the mortgage and note in the bankruptcy, then they can also come after you for monetary damages.
Answered on Nov 27th, 2013 at 10:56 PM
In many states, the foreclosure process requires that the lender sue you. You may want to examine the paperwork carefully to be sure what it is that the lender is asking the court to do. The lender isn't entitled to sue you for debt you discharged in the bankruptcy but the lender is entitled to sue you to foreclose and obtain the title to the property.
Answered on Nov 27th, 2013 at 9:14 AM
It just isn't possible to tell you anything about this without looking at the lawsuit and knowing where the property is located. You should go back to the attorney that filed your bankruptcy and get her or his advice.
Answered on Nov 27th, 2013 at 8:53 AM
2 Awards
If you listed the creditor in the bankruptcy then the creditor cannot sue you. Check your paperwork to confirm that you did list them. If so, send a copy of the discharge order to the creditor and demand they immediately withdraw the suit or you will seek damages against them for violating the permanent injunction put in place upon the entry of your discharge order.
Answered on Nov 27th, 2013 at 7:00 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Assuming this is the mortgage lender, not HOA, you listed the creditor on your petition, you did not reaffirm the mortgage loan then the lawsuit is a violation of the discharge order. You can contact the counsel for the Plaintiff, explain the situation, give them copy of discharge order and/or provide them with a case # so that they can look up the court docket themselves. If this doesn't compel the Plaintiff to dismiss the case or you wish to start with a more aggressive approach you can reopen the bankruptcy and file motion for violation of discharge order asking for sanctions. You'll want to get an attorney for the more aggressive approach. Legal fees will be paid by the Plaintiff provided you prevail.
Answered on Nov 25th, 2013 at 12:39 PM
Deborah F. Bowinski
Who is "they", and what are you being sued for? The lender cannot collect on the discharged mortgage loan, but the can file a foreclosure proceeding. If there are HOA fees that came due post bankruptcy filing but while the property was still titled in your name you remain responsible for those. The same would be true for maintenance expenses such as yard care, and for any utility services that remained in your name after the bankruptcy was filed. You should probably schedule a conference with a lawyer and take your court papers along with you to that meeting.
Answered on Nov 25th, 2013 at 12:38 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
Anything you owed them for the house as of the date of filing was discharged in Bankruptcy unless something went wrong which is possible. Send them a copy of the Bankruptcy discharge paper you received. If that doesn't work contact whoever handled your bankruptcy.
Answered on Nov 25th, 2013 at 12:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with your bankruptcy filing and discharge.
Answered on Nov 25th, 2013 at 12:38 PM
Unfortunately you can be sued by anyone for any reason-but it doesn't mean they have a valid claim. If you did not sign a reaffirmation agreement on the mortgage and you included them properly in your bankruptcy then no they do not have a valid claim against you. By suing you they may have also violated Federal Law and the Bankruptcy Discharge Order. It may be as simple as sending them a copy of your discharge order and having them dismiss the suit, but with how large and unorganized these companies can be it may take more effort than that. I would seek a competent bankruptcy attorney immediately to preserve your rights against the lender and to protect yourself. If there was a violation the attorney can represent you and collect attorney fees against the lender at no cost to you.
Answered on Nov 25th, 2013 at 12:37 PM
1 Award
I don't think they are suing you. I think they are filing a judicial foreclosure. You can call the attorney for the bank and verify that they are only filing to take the home and not suing you personally. Occasionally the bank slips up and sues a person in addition to foreclosing which they can not do after the bankruptcy discharge.
Answered on Nov 25th, 2013 at 12:37 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You don't say who "they" are; I am assuming that you are referring to a lender. You should send the creditor a copy of your discharge order. If they persist, you may have a cause of action against the creditor for violation of the discharge order. This assumes that you properly listed the lender in your petition and/or that your bankruptcy was a No Asset Chapter 7. If the creditor was not listed and has a cause of action for non-dischargeability, they would still be able to bring that action in bankruptcy court. If the creditor does not back off, you should contact an attorney.
Answered on Nov 25th, 2013 at 12:37 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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If it is a mortgage company that you listed your bankruptcy, if your bankruptcy was a Chapter 7, and if you had no assets that the trustee collected and distributed, then the mortgage company cannot sue you. You should notify the attorney and party suing you of your bankruptcy, its filing number, along with a copy of your Discharge Order and a letter demanding that they cease and desist. I also suggest you do so by certified mail because if they fail to stop, you can sue them for violation of the Bankruptcy Discharge Order which would entitle you to damages.
Answered on Nov 25th, 2013 at 12:37 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Re read the papers and see if they are foreclosing. If they are, they must give you notice.just tell them about bankruptcy and give proof of discharge, and tell them no more papers.
Answered on Nov 25th, 2013 at 12:36 PM