If mortgage payments discharged in a Chapter 7 bankruptcy, they are still allowed, the billing?

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We filed bankruptcy and the trustee discharged, and more. We were not Forclosure when we presented, we said that we could keep at home and now the bank requires 20,000.00 in Arearea not a right and provided a reminder on our property. Is there something we can do to stop this order?
I am curious what will happen, we all pay more bills of credit card and mortgage bills … you can not drive all of us and nobody will buy houses. Right?

8 Comments
  1. Reply
    wizjp
    February 10, 2011 at 3:46 am

    You need to get a copy of the final order of the court and review it. I don’t believe your mortgage just went away and you kept the house.

  2. Reply
    Tori G
    February 10, 2011 at 4:29 am

    It takes three to five months for a debtor to be completely discharged. Has it been that long?

  3. Reply
    AME
    February 10, 2011 at 5:15 am

    We did 7 bankrupcy just before they changed the laws so I am not sure how they are now… but 4 years ago we had to resign our loan on the house (reaffirm our debt) with the mortgage company — or give it up. And through out our whole bankrupcy procedure we had to keep making payments on the house through out the whole process.

  4. Reply
    porcelina_68
    February 10, 2011 at 5:52 am

    A chapter 7 will not get rid of your mortgage payments at all. When you file a chapter 7, you have to be current on your mortgage payments, or the mortgage company will not reaffirm your loan. Then, you have to continue making your payments.

  5. Reply
    Alfie
    February 10, 2011 at 6:05 am

    I am very sorry to hear that you are in your current unfortunate situation.

    When you filed Chapter 7 bankruptcy, while you are allowed to keep your property, you do have to remain current. You are given the option to either reaffirm the debt, remain current, or surrender the property. A Chapter 7 discharge can make your secured debt liability go away, however not if you plan to keep the property.

    If you move out of your home, because your home’s debt was included in bankruptcy, your lender cannot come after you legally for the money that you “owe” them. However, you are still in the home. Because you have retained secured property, the lender does have the legal right to enforce their lien and enforce their rights up to and including foreclosure.

    Because you did not reaffirm the debt you can walk away and owe nothing. Your Statement of Intent most likely stated that you would remain current, which you have not done. Therefore, at this time you do owe the lender whatever amount they are claiming you are in arrears to avoid foreclosure. You will need to pay this or refinance your home.

    Another option is your attorney does have the ability to reopen your bankruptcy case. Your attorney could reopen your case and convert the case to a Chapter 13. This would then make you liable for the unsecured debt that you discharged in the Chapter 7 and you would need to work with the attorney to draft an acceptable three to five year repayment plan.

    Best of luck!

  6. Reply
    Paul M
    February 10, 2011 at 6:19 am

    Then should we go on welfare like you!!!

  7. Reply
    ascreename2002
    February 10, 2011 at 7:15 am

    Financial melt down. We would all go back in time to about 1850.

    Yes we can all get kicked out.

    That is correct, no one will buy houses.

    If you think you feel abused now, because you have to pay for what you use, like a roof over your head, wait until you are living on the street.

  8. Reply
    blackcat
    February 10, 2011 at 7:47 am

    You will become, and everyone will call you, a worthless freeloader.
    Not paying your obligations is the same as stealing.

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