Can we be sued after filing bankruptcy on our old house? 23 Answers as of December 04, 2013

In 2009, we filed bankruptcy. We moved out shortly after and 4 years later, they are serving us papers saying they are suing us. I was told they can't do that. What should I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
see a bankruptcy lawyer who can stop it ( sorry for the delay, I was on vacation).
Answer Applies to: California
Replied: 12/4/2013
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
If you filed a Chapter 7, received a discharge, and did not reaffirm the mortgages, then you should not owe anything to the mortgage company. However, if you had a homeowners association and there was a delay in getting the real estate out of your name you could owe dues to the HOA and they can sue you for dues between the Chapter 7 filing date and the time the property was taken out of your name.
Answer Applies to: Georgia
Replied: 12/3/2013
Richard L. Hirsh, P.C. | Richard L. Hirsh
Are they suing you for monetary damages or just foreclosure of the mortgage. And, if you reaffirmed the mortgage and note in the bankruptcy, then they can also come after you for monetary damages.
Answer Applies to: Illinois
Replied: 11/27/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If you listed the creditor in the bankruptcy then the creditor cannot sue you. Check your paperwork to confirm that you did list them. If so, send a copy of the discharge order to the creditor and demand they immediately withdraw the suit or you will seek damages against them for violating the permanent injunction put in place upon the entry of your discharge order.
Answer Applies to: Nevada
Replied: 11/27/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
They have a right to foreclose. They can not seek a money judgment.
Answer Applies to: New York
Replied: 11/27/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If you filed for bankruptcy, included the mortgage loans in the bankruptcy and DID NOT reaffirm the debts then you cannot be sued for the debts. If you are in California then you are probably being sued on the 2nd mortgage/equity line. Before I did anything I would either contact your bankruptcy attorney or contact the attorneys office who is suing you and inform them of the bankruptcy filing. You may have to provide them with your discharge documents. That should take care of it. If it doesn't talk to an attorney about going after this creditor for a discharge violation which is a very serious matter. If your loans were discharged they CANNOT, I repeat, the CANNOT sue you for the debt.
    Answer Applies to: California
    Replied: 11/27/2013
    Stephens Gourley & Bywater | David A. Stephens
    Assuming you got a discharge you should send them a copy of the discharge or file a motion in bankruptcy court.
    Answer Applies to: Nevada
    Replied: 11/27/2013
    Elkington Law
    Elkington Law | Sally Elkington
    It just isn't possible to tell you anything about this without looking at the lawsuit and knowing where the property is located. You should go back to the attorney that filed your bankruptcy and get her or his advice.
    Answer Applies to: California
    Replied: 11/27/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    In many states, the foreclosure process requires that the lender sue you. You may want to examine the paperwork carefully to be sure what it is that the lender is asking the court to do. The lender isn't entitled to sue you for debt you discharged in the bankruptcy but the lender is entitled to sue you to foreclose and obtain the title to the property.
    Answer Applies to: Nevada
    Replied: 11/27/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Assuming this is the mortgage lender, not HOA, you listed the creditor on your petition, you did not reaffirm the mortgage loan then the lawsuit is a violation of the discharge order. You can contact the counsel for the Plaintiff, explain the situation, give them copy of discharge order and/or provide them with a case # so that they can look up the court docket themselves. If this doesn't compel the Plaintiff to dismiss the case or you wish to start with a more aggressive approach you can reopen the bankruptcy and file motion for violation of discharge order asking for sanctions. You'll want to get an attorney for the more aggressive approach. Legal fees will be paid by the Plaintiff provided you prevail.
    Answer Applies to: California
    Replied: 11/25/2013
    The Troglin Firm | William M. Troglin
    If you listed the house in the bankruptcy (Chapter 7) as you were required by law to do and you did not Re-Affirm the debt (sign an agreement putting your personal liability back on the debt), then you owe the creditor NOTHING. You should contact your bankruptcy attorney or a knowledgeable bankruptcy attorney to look into the matter.
    Answer Applies to: Georgia
    Replied: 11/25/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They are foreclosing which is legal. You are not liable for the debt though.
    Answer Applies to: New York
    Replied: 11/25/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Who is "they", and what are you being sued for? The lender cannot collect on the discharged mortgage loan, but the can file a foreclosure proceeding. If there are HOA fees that came due post bankruptcy filing but while the property was still titled in your name you remain responsible for those. The same would be true for maintenance expenses such as yard care, and for any utility services that remained in your name after the bankruptcy was filed. You should probably schedule a conference with a lawyer and take your court papers along with you to that meeting.
    Answer Applies to: Colorado
    Replied: 11/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney with your bankruptcy filing and discharge.
    Answer Applies to: Michigan
    Replied: 11/25/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Make an appointment with a lawyer to review the paper you were served with.
    Answer Applies to: Massachusetts
    Replied: 11/25/2013
    OlsenDaines | Rex Daines
    I don't think they are suing you. I think they are filing a judicial foreclosure. You can call the attorney for the bank and verify that they are only filing to take the home and not suing you personally. Occasionally the bank slips up and sues a person in addition to foreclosing which they can not do after the bankruptcy discharge.
    Answer Applies to: Oregon
    Replied: 11/25/2013
    DUSTIN DEISSNER
    DUSTIN DEISSNER | DUSTIN DEISSNER
    Anything you owed them for the house as of the date of filing was discharged in Bankruptcy unless something went wrong which is possible. Send them a copy of the Bankruptcy discharge paper you received. If that doesn't work contact whoever handled your bankruptcy.
    Answer Applies to: Washington
    Replied: 11/25/2013
    OlsenDaines, PC
    OlsenDaines, PC | Kristoffer Sperry
    Unfortunately you can be sued by anyone for any reason-but it doesn't mean they have a valid claim. If you did not sign a reaffirmation agreement on the mortgage and you included them properly in your bankruptcy then no they do not have a valid claim against you. By suing you they may have also violated Federal Law and the Bankruptcy Discharge Order. It may be as simple as sending them a copy of your discharge order and having them dismiss the suit, but with how large and unorganized these companies can be it may take more effort than that. I would seek a competent bankruptcy attorney immediately to preserve your rights against the lender and to protect yourself. If there was a violation the attorney can represent you and collect attorney fees against the lender at no cost to you.
    Answer Applies to: Idaho
    Replied: 11/25/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    If it is a mortgage company that you listed your bankruptcy, if your bankruptcy was a Chapter 7, and if you had no assets that the trustee collected and distributed, then the mortgage company cannot sue you. You should notify the attorney and party suing you of your bankruptcy, its filing number, along with a copy of your Discharge Order and a letter demanding that they cease and desist. I also suggest you do so by certified mail because if they fail to stop, you can sue them for violation of the Bankruptcy Discharge Order which would entitle you to damages.
    Answer Applies to: Idaho
    Replied: 11/25/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Send them a copy of your bankruptcy discharge and a copy of your Schedule A and Statement of Intention showing that you were not reaffirming the house. Include a letter explaining the situation and when you moved out. That should take care of the problem. If not, go back to your original bankruptcy lawyer and they can go after them for violation of stay. Good luck!
    Answer Applies to: Michigan
    Replied: 11/25/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You don't say who "they" are; I am assuming that you are referring to a lender. You should send the creditor a copy of your discharge order. If they persist, you may have a cause of action against the creditor for violation of the discharge order. This assumes that you properly listed the lender in your petition and/or that your bankruptcy was a No Asset Chapter 7. If the creditor was not listed and has a cause of action for non-dischargeability, they would still be able to bring that action in bankruptcy court. If the creditor does not back off, you should contact an attorney.
    Answer Applies to: California
    Replied: 11/25/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Re read the papers and see if they are foreclosing. If they are, they must give you notice.just tell them about bankruptcy and give proof of discharge, and tell them no more papers.
    Answer Applies to: New Jersey
    Replied: 11/25/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    Show them the bankruptcy papers if they continue to pursue it, they will be in violation of the bankruptcy laws and you can sue them. Also, even if there were no bankruptcy, the statute of limitations has probably run.
    Answer Applies to: California
    Replied: 11/25/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney