Expert: Mark J. Markus- California Bankruptcy Attorney - 9/23/2009

Question
I'm not sure how or why you would give free legal advise, but I am really glad you do! :) I live in Allen county, Indiana, and filed Chapter 7 which completed discharge in April 2009. We had an attorney for the filing of the bankruptcy but I admit my husband and I rushed to file for several reasons including my husband's checks were being garnished, and our house was being foreclosed. We now live in an apartment (not that house). In fact, our house sold at sheriff sale on the exact day we filed bankruptcy. Now its over, and I have several more bills (substantial sums of money) that should have been included in the bankruptcy but were not listed. We also continue to get bills from the house - that note acknowledgment of the bankruptcy yet state we should continue to make payments. The house debt alone exceeds $100,000. I don't understand how that can be. The obvious option is to go back to the attorney for the amendment, but that will be expensive and the purpose of filing bankruptcy was a clean slate to start anew. Should I call the owner of the house debt and just ask why we are getting bills? Should I attempt to amend the bankruptcy on my own? Or should I return to attorney I started with, despite the cost, because the benefit of having an attorney will outweigh the cost? Lastly, how long after final discharge do we have to amend the bankruptcy?

Answer
This is going to depend on the case law in your jurisdiction, so you really need to discuss this with an attorney in your area.

Here in California, if you received a discharge in a no-asset Chapter 7 case, then you were discharged from all debts regardless of whether you listed them in the bankruptcy or not.  I don't know if the Indiana courts follow the same line of cases, but that's something a 1-minute phone call or e-mail to your attorney (assuming he/she is competent) should answer.

http://www.bklaw.com/