Can we add our home to a Chapter 7 that we filed 21 months ago?

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Can we add our home to a Chapter 7 that we filed 21 months ago?

The bank did not reaffirm the debt. The box checked is other with an explanation of “Retain and make regular payment”. Does that mean that we can now bypass the short-sale process and give the house to the bank without further hit on our credit?

Asked on July 13, 2011 under Bankruptcy Law, Florida

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 12 years ago | Contributor

If you did not reaffirm the debt, and you received a discharge in your Chapter 7 case, then you no longer owe anything on that mortgage debt.  You can let them foreclose or sell the property without further obligation.

There's nothing to "add" to in your case; the home and its corresponding debts were (hopefully) listed in your bankruptcy case already.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 12 years ago | Contributor

If you did not reaffirm the debt, and you received a discharge in your Chapter 7 case, then you no longer owe anything on that mortgage debt.  You can let them foreclose or sell the property without further obligation.

There's nothing to "add" to in your case; the home and its corresponding debts were (hopefully) listed in your bankruptcy case already.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr


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