QUESTION

I filed bankruptcy in 2010. Can the creditors come after me for any bills not payed.

Asked on Dec 03rd, 2014 on Bankruptcy - Iowa
More details to this question:
I filed a chapter 7 on a real estate mortgage on my home in 2010. The real estate went back to the mortgage company. Now the mortgage company is trying to collect past payments on the property before the bankruptcy. Can they do that?
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1 ANSWER

Generally, when a debtor files a bankruptcy, notifies the mortgage lender of the bankruptcy, and does not sign a reaffirmation agreement with the mortgage lender, then the debtor is discharged from any personal liability for the mortgage loan. However, the real estate is still subject to the mortgage loan security interest. A reaffirmation agreement is an agreement by a chapter 7 debtor to continue paying a dischargeable debt (such as a mortgage loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the house) that would otherwise be subject to foreclosure. If a creditor seeks payment from a chapter 7 debtor after the debt was discharged, then the creditor may be in violation of the discharge injunction, and could be subject to sanctions and penalties. References http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx  http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx  http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Glossary.aspx 
Answered on Dec 23rd, 2014 at 8:08 AM

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