Can we be sued after filing bankruptcy on our old house? - Bankruptcy Law Questions and Answers- LawQA.com

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Can we be sued after filing bankruptcy on our old house?

In 2009, we filed bankruptcy. We moved out shortly after and 4 years later, they are serving us papers saying they are suing us. I was told they can't do that. What should I do?

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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see a bankruptcy lawyer who can stop it ( sorry for the delay, I was on vacation).

Answer Applies to: California
Replied: 12/2/2013

Answer By William Rhymer
Rhymer Law Firm
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If you filed a Chapter 7, received a discharge, and did not reaffirm the mortgages, then you should not owe anything to the mortgage company. However, if you had a homeowners association and there was a delay in getting the real estate out of your name you could owe dues to the HOA and they can sue you for dues between the Chapter 7 filing date and the time the property was taken out of your name.

Answer Applies to: Georgia
Replied: 11/29/2013


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Are they suing you for monetary damages or just foreclosure of the mortgage. And, if you reaffirmed the mortgage and note in the bankruptcy, then they can also come after you for monetary damages.

Answer Applies to: Illinois
Replied: 11/26/2013

Answer By Marjorie Guymon
Goldsmith & Guymon
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If you listed the creditor in the bankruptcy then the creditor cannot sue you. Check your paperwork to confirm that you did list them. If so, send a copy of the discharge order to the creditor and demand they immediately withdraw the suit or you will seek damages against them for violating the permanent injunction put in place upon the entry of your discharge order.

Answer Applies to: Nevada
Replied: 11/25/2013

Stuart P Gelberg
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They have a right to foreclose. They can not seek a money judgment.

Answer Applies to: New York
Replied: 11/25/2013

Answer By David VanDyke
Bird & VanDyke, Inc.
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If you filed for bankruptcy, included the mortgage loans in the bankruptcy and DID NOT reaffirm the debts then you cannot be sued for the debts. If you are in California then you are probably being sued on the 2nd mortgage/equity line. Before I did anything I would either contact your bankruptcy attorney or contact the attorneys office who is suing you and inform them of the bankruptcy filing. You may have to provide them with your discharge documents. That should take care of it. If it doesn't talk to an attorney about going after this creditor for a discharge violation which is a very serious matter. If your loans were discharged they CANNOT, I repeat, the CANNOT sue you for the debt.

Answer Applies to: California
Replied: 11/25/2013


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Assuming you got a discharge you should send them a copy of the discharge or file a motion in bankruptcy court.

Answer Applies to: Nevada
Replied: 11/25/2013

Answer By Sally Elkington
Elkington Law
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It just isn't possible to tell you anything about this without looking at the lawsuit and knowing where the property is located. You should go back to the attorney that filed your bankruptcy and get her or his advice.

Answer Applies to: California
Replied: 11/25/2013

Answer By Dorothy G Bunce
A Fresh Start
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In many states, the foreclosure process requires that the lender sue you. You may want to examine the paperwork carefully to be sure what it is that the lender is asking the court to do. The lender isn't entitled to sue you for debt you discharged in the bankruptcy but the lender is entitled to sue you to foreclose and obtain the title to the property.

Answer Applies to: Nevada
Replied: 11/25/2013

Tokarska Law Center
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Assuming this is the mortgage lender, not HOA, you listed the creditor on your petition, you did not reaffirm the mortgage loan then the lawsuit is a violation of the discharge order. You can contact the counsel for the Plaintiff, explain the situation, give them copy of discharge order and/or provide them with a case # so that they can look up the court docket themselves. If this doesn't compel the Plaintiff to dismiss the case or you wish to start with a more aggressive approach you can reopen the bankruptcy and file motion for violation of discharge order asking for sanctions. You'll want to get an attorney for the more aggressive approach. Legal fees will be paid by the Plaintiff provided you prevail.

Answer Applies to: California
Replied: 11/25/2013

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