QUESTION
How am I still responsible for a mortgage after Chapter 7 bankruptcy?
Asked on Apr 26th, 2013 on Bankruptcy - New York
More details to this question:
I got divorced last year and filed for chapter 7 bankruptcy because I had moved out and obviously couldn't afford to pay for two places to live. My bankruptcy was discharged. Then my ex wife filed for chapter 13, months after my chapter 7, so she could keep the house. I am now receiving mail from the mortgage company and I called and they said I'm still responsible for the mortgage. How is this possible?
11 ANSWERS
That is not possible. The debt is discharged if not reaffirmed.
Answered on Apr 30th, 2013 at 1:24 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You are not responsible.
Answered on Apr 29th, 2013 at 12:36 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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Due to your discharge you are no longer liable for the debt, but the lender's secured interest/lien is still on the house. As long as the debt is paid then you or your ex-spouse can keep the house.
Answered on Apr 29th, 2013 at 12:58 AM
If you received your discharge in Chapter 7, that does protect you from the mortgage company and you are no longer liable for that debt, regardless of what your ex-wife is doing. If the mortgage company is attempting to collect from you, they are violating federal law and you should consult an attorney.
Answered on Apr 28th, 2013 at 9:48 PM
William A. Siebert
A mortgage is a secured loan. It survives bankruptcy to the extent you still own the collateral.. You can give the bank a quit claim deed and they will go away.
Answered on Apr 28th, 2013 at 9:38 PM
If you received a Chapter 7 discharge, you no longer have a personal responsibility to pay the mortgage. The bank is confused and is sending you information in an attempt to be helpful since your name is on the mortgage.
Answered on Apr 28th, 2013 at 8:38 PM
2 Awards
No, you are no longer responsible due to your chapter 7 discharge. If the bank continues to attempt to collect, send them a copy of the discharge order and threaten that if they continue to attempt to collect you will hire legal counsel and seek damages for violating the permanent injunction.
Answered on Apr 26th, 2013 at 1:26 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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Your liability on the debt was discharged unless a Reaffirmation Agreement was signed or an exception to discharge applies. Having an attorney actually look at the docket from your Bankruptcy case, look at the schedules you filed and contact the Mortgage Company is the best way to determine why the Mortgage Company is saying this. There are many potential courses of action depending on what the facts are, including reopening your case to add them as a creditor, or pursuing sanctions for violation of the automatic stay from your case or your ex-spouse's case if the debt is being paid in her plan.
Answered on Apr 26th, 2013 at 1:25 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Your personal obligation should have been discharged.
Answered on Apr 26th, 2013 at 1:24 PM
Deborah F. Bowinski
They are wrong. But they do still have the right to foreclose if the loan is not paid. You should contact your bankruptcy lawyer if they continue to try to collect from you.
Answered on Apr 26th, 2013 at 1:24 PM
Not if you surrendered the property.
Answered on Apr 26th, 2013 at 1:24 PM