The important fact here is if the debt was discharged in your filing, most likely it was. If your mortgage has in fact been discharged, the fact you kept paying it after the discharge does not make you liable for the debt. Yes, you can just walk away from the house and it should not affect your credit, as it's already been listed as discharged on your credit report at the time of your Chapter 7 Bankruptcy discharge.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Dec 27th, 2011 at 10:50 AM