QUESTION

I filed for bankruptcy but am still haing financial problems, what can I do?

Asked on Jun 09th, 2011 on Bankruptcy - California
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I filed bankruptcy in November 2009 and it was discharged in February 2010. I kept a truck and home but did not reaffirm these loans. I am currently three months behind in the mortgage and no longer can afford the home. Can you tell me my legal rights? Will I be responsible for this loan/any shortsales fees? What is the best thing to do in this situation? Thanks so much!
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9 ANSWERS

Spencer Hale
If you did not sign a reaffirmation agreement on the loan, the discharge still applies and you will not be liable on the debts should you default on them. However, I wouldn't just walk away from the home. You still would be liable for the insurance and if there is an HOA where you live, you will need to keep paying that until the home is foreclosed. Remember you are still liable for any costs or charges that come up as the owner of the home. Also, if you walk away and the house gets ransacked you could be held liable to the bank for waste. I would stay in the house as long as you can and keep maintaining it, even if you can't make the mortgage payments.
Answered on Jun 13th, 2011 at 10:46 AM

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When you filed chapter 7 bankruptcy you received a discharge of the mortgage loans. If you give up the property you will not have any personal liability on the loans.
Answered on Jun 13th, 2011 at 10:38 AM

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Bankruptcy Attorney serving Atlanta, GA at Saedi Law Group, LLC
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If you received a discharge and did not sign a reaffirmation agreement then you can walk away from those debts. Those debts were discharged in the case so therefore you are not liable payment. If you owe any HOA fees since filing your case you would be required to pay those fees up until foreclosure.
Answered on Jun 13th, 2011 at 10:20 AM

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If you are looking to keep the home, you may file a Chapter 13 bankruptcy. If not, you can walk away and not be responsible for the foreclosure as it was discharged in your prior bankruptcy.
Answered on Jun 10th, 2011 at 2:18 PM

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Personal Injury Attorney serving Stratford, CT
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Because you did not reaffirm the mortgage, you will have no deficiency debt. This will also make a short sale much easier.
Answered on Jun 10th, 2011 at 1:41 PM

Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals

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Glen Edward Ashman
If you did not reaffirm, you can usually walk from the car and home with no problems. Check with your lawyer from your bankruptcy as to how to notify the creditors to avoid confusion.
Answered on Jun 10th, 2011 at 12:27 PM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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You can give up the house without penalty if you choose. Stay there but don't pay the mortgage. They'll eventually foreclose (may take a year or more) and you'll have to leave once it sells. But you'll owe nothing more. You'll have to pay HOA dues if you have them, and keep it insured. You may also have to pay property taxes unless those become due bt the foreclosure buyer. As to your truck, you'll have to keep it up to date if you want to keep it. You may find a friend or relative willing to give away or sell something cheap to keep you going until you're back on your feet.
Answered on Jun 10th, 2011 at 11:51 AM

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Litigation Attorney serving Portland, OR at Daniel G. Hoarfrost
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If you think there's a way to cure the mortgage arrears over 3 to 5 years, you can file a Ch 13.If not, you can either work with the lender toward a "short sale," or you can walk away from the home since the debt itself has already been discharged.
Answered on Jun 10th, 2011 at 11:45 AM

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Bankruptcy Law Attorney serving Campbell, CA at Ellahie Law Firm
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Bankruptcy helps in discharging debt obligation so you are no longer obligated personally on the home and the truck (since you did not reaffirm) and will not be even in the case of a short sale. The creditor, however, is secured by the home and the truck creditor by the truck, so if you do not pay them, they mortgage lender can foreclose on the home and the truck creditor can repossess the home. Subsequent to receiving a Chapter 7 discharge, you may still be able to file a Chapter 13 and keep your home, provided your Chapter 13 plan payments are such that they will cure all the arrears owed on the home, that you agree to keep the home post filing current (you may also want to look at loan modification options) and agree to pay the truck debt full. Recommend you consult an experience bk attorney. This procedure known as a Chapter 20 may not work in some courts so do talk to a local bankruptcy specialist.
Answered on Jun 10th, 2011 at 11:45 AM

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