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Bankruptcy Law/Chapter 7 discharge
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Question
I surrendered my home is my chapter 7 bankruptcy. The home is now if foreclosure. sheriff sales for May 20th my discharge was May 4th when they sell my home there could be a difficent, can the mortgage company sue my for the differance? or is the debt considered in the discharge of the bankruptcy?
If you surrendered your home as part of the bankruptcy case and did not reaffirm the debt for the mortgage then the mortgage company will not be able to seek a deficiency. The deficiency from the mortgage company would be discharged as part of your bankruptcy case. The deficiency amount from the mortgage company would be included in your bankruptcy case if you surrendered your home in the bankruptcy. Your lender would not have a right to sue you for the outstanding balance on the mortgage after the home is foreclosed on. If you need further information on Chapter 7 bankruptcy you can learn more at http://www.socaladvocates.com/chapter7 or contact me at norma@socaladvocates.com
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Answers by Expert:
Norma Duenas - California Bankruptcy Attorney
Expertise
Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County
Experience
Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.
Organizations
California Bar Association
American Bar Association
Riverside Bankruptcy Attorney
Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society
California State University, Los Angeles MS in Criminal Justice
University of San Diego, Law School, JD Cum Laude
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