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Bankruptcy Law/Walk away after bankruptcy?


My bankruptcy discharged in 2006, which included my house. I have continued to pay my payments since the house WAS NOT to be included in the bankruptcy. It only pertained to credit cards, but my attorney added the house for some reason. It was never reaffirmed and my credit report shows zero balance.  I have since raised my credit score to nearly 700.
My question is... Can I just walk away from this house after getting a loan for another house or is there something out there that ties me to this house that will bite me in the butt? Can they foreclose on me even though it has been discharged?


Hello Jarret:
I just got your question a few minutes ago.    I think you are misunderstanding some things about how a bankruptcy discharge works, specifically how it works in the context of a secured debt (such as a home mortgage).   If I am understanding  your question correctly, you still have possession of the house – or did you surrender the property in the bankruptcy?

What it boils down to is this -  Depending on some facts you don’t state in your question, it sounds like the debt was NOT in fact discharged.   Just because you received a letter saying you were discharged, you were discharged from all “dischargeable” debts, and that does not necessarily include mortgage debt, particularly if you did not surrender the premises.    
This is not the news you may have hoped for, but there is a chance that things may have worked out for you better than  might have otherwise happened.    The real question is, what do you do now?

This would be much easier to talk about on the telephone.   I will not charge you to talk on the phone and I can explain your options at that time.   I look forward to hearing from you.

Jack Hall, J.D.
915  261-3893

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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