QUESTION

Will I be responsible for the damages and loss if the bankruptcy is already discharged?

Asked on Apr 23rd, 2013 on Bankruptcy - Virginia
More details to this question:
I filed chapter 7 and received a discharge in August 2012 I included primary residence and 2 investment properties. Since the discharge we relinquished the keys to properties to the trustee. Now squatters are living, damaging and stripping the properties. Police will not remove squatters and we cannot keep them out.
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10 ANSWERS

They are still your responsibility until the bank forecloses. The bankruptcy does not change that.
Answered on Apr 30th, 2013 at 1:03 AM

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Commercial Attorney serving Columbia, SC at Gleissner Law Firm, LLC
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Generally, when you file bankruptcy, the real property becomes an asset of the estate and the trustee is charged with protecting and maintaining the property. You should contact the trustee, in writing, to let him know what is going on with the property. Also, when you file bankruptcy and receive your discharge, generally, all of your liability associated with the property is discharged. So, unless some unusual circumstance exists, you should not be liable for the damages to the property. For example, if you personally damaged the property, post-petition, that would be one of those unusual circumstances that could cause you to become liable for the damage that you caused. Similarly, there are other circumstances that could result in post-petition liability. You should contact the attorney that assisted you in filing the Chapter 7 bankruptcy. South Carolina is blessed by having many very good Chapter 7 trustee. Because of the illness of one of the trustees, the work load has been spread between the others, so they are real busy. Nevertheless, you should let the current trustee know what is going on so that the assets of the estate can be protected.
Answered on Apr 26th, 2013 at 12:37 PM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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If the properties are still in your name, you could be liable to the city/county/homeowners' association, etc. (?) For the nuisance squatters create.
Answered on Apr 26th, 2013 at 12:09 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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If the Trustee does not sell the properties they return to you and you are once again responsible for the properties.
Answered on Apr 25th, 2013 at 12:01 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Notify both the bankruptcy trustee and the lender(s).
Answered on Apr 25th, 2013 at 12:00 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You have discharged your liability to the lenders. However, you have not discharged your liability to third parties should someone be injured as a result of your abandonment of the property. That is why some debtors elect to maintain property liability insurance on the property. You may want to retain a realtor to attempt a short sale of the properties to get them out of your names.
Answered on Apr 25th, 2013 at 11:59 AM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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There is not enough information to answer this specific question. Consult with your bankruptcy attorney as you may be liable for homeowner?s fees and condo fees, as may be applicable and may have other issues which could affect your financial life as you move forward.
Answered on Apr 25th, 2013 at 11:56 AM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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As long as the deeds are still in your name and you have access, you may be held liable. YOu may want to see if the lender will do a deed from you to them to get them out of your name.
Answered on Apr 25th, 2013 at 11:55 AM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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No, you should not be liable. You should notify the mortgage company. You do have a legal obligation to mow the yard until the house is out of your name.
Answered on Apr 25th, 2013 at 11:54 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would prefer to have more details, but it would appear that the properties are no longer yours and are either the trustees or secured creditors problem.
Answered on Apr 25th, 2013 at 11:54 AM

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