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Bankruptcy Law/modification after Chapter 7 discharge

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Question
I had  all my mortgage debts discharged in Chap 7 in 2012., I did not sign a reaffirmation agreement. Five months earlier in 2011 I had modified my residence.  I know that I won't be personally liable for this Chapter 7 debt.

This month, I had my rental property modified.  The modification did not include a reaffirmation agreement for me to sign , and I wouldn't have signed it anyway.  This property was also included in my Chapter 7 .   I did not sign a reaffirmation agreement for this  property either.

Would modifying this property after a Chapter 7 discharge   leave me unprotected and personally liable for the debt ?  Thank you in advance for your answer.

Answer
Modification should not be treated as a new debt and therefore it should not leave you subject to personal liability after your bankruptcy discharge. The issue has not really been addressed in bankruptcy court. My position is that it modifies an existing mortgage and therefore is not a new debt that results in personal liability. To read more about this you can go to:

Foreclosure After Bankruptcy-Do I Have to Pay the Mortgage Company?  

Bankruptcy Law

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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: Bankruptcy Attorney in 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 Bankruptcy and Chapter 7 Bankruptcy

Organizations
California Bar Association American Bar Association

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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