Expert: Mark J. Markus- California Bankruptcy Attorney - 3/17/2011

Question
QUESTION: i was wondering if it were possible to amend a bankruptcy that has been discharged? I am in Wisconsin, ch7 was discharged summer '09 and we reinstated our 1st and 2nd morgage that has now been in foreclosure since Sept '10. Short sale pending and bank never filed foreclosure docs/case on 2nd mortgage. On 1st morgage bank waived rights to deficiency yet they just raided a account w/o notice seeking remainder of 2nd mortgage. Closed account w/ said bank and have no means to repay 40k deficiency that 2nd morgage amount will be after offer is approved.

ANSWER: I'm not completely clear on your question.  What is it that you want to amend?  Unless you reaffirmed the debts in your bankruptcy case, your mortgage obligations were discharged in your bankruptcy case.  When you say you "reinstated" your loans post bankruptcy, what exactly do you mean?  Reinstatement means that you simply brought the loans current and cured the default.  That doesn't change anything regarding the discharge of the debt unless Wisconsin law provides that a reinstatement is a new loan.  

Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/

---------- FOLLOW-UP ----------

QUESTION: yes, we reaffirmed the mortgages, 1st and 2nd. They were currect and we reaffirmed them.

Answer
Well, I'm sorry to say that if you actually reaffirmed the mortgages you're out of luck.  There is absolutely no reason to reaffirm a mortgage and it's virtually malpractice for an attorney to advise doing that.   There's zero benefit to you, and you have now discovered the downside...