QUESTION

We filed bankruptcy 2+ years ago. All was finalized. Mortgage co says I filed on them and gave me grief, credit report shows I did. Court now?

Asked on Jan 28th, 2012 on Bankruptcy - Louisiana
More details to this question:
I was served a citation from the sheriff yesterday, and now have to respond to the court. If I filed and all was settled in bankruptcy then why am i now having Wells Fargo taking me to court for payment??
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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There isn't enough information to answer your question.  What chapter of bankruptcy did you file?  Did you receive a discharge (you say it was "finalized" but I have no idea what that means)?  What exactly is Wells Fargo suing you for?  Is this a deficiency on the mortgage after sale?   If the mortgage was listed in your bankruptcy case and you received a discharge, then they should not be able to sue you for any deficiency, although they can certainly sue to foreclose on the property if you're not making the required payments (I have no idea what the foreclosure process is in Louisiana). If the are in fact trying to collect on a discharged debt rather than merely foreclosing, then you need to contact your bankruptcy attorney (or find a new one) and have them reopen your bankruptcy case to seek contempt sanctions against Wells Fargo for violating the post discharge injunction of 11 U.S.C. 524. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Jan 30th, 2012 at 1:46 PM

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