Will the mortgage company sue me for the difference after bankruptcy? 4 Answers as of October 08, 2010

I gave up my home in Chapter 7 bankruptcy. Now my home is being foreclosed. The sale is for November 25th. My discharge should come before then. If there is a deficiency when they sell the home can the mortgage company sue me?

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Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
No the bankruptcy will protect you against deficiency.
Answer Applies to: Florida
Replied: 10/8/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
They can, but the would be violating either section 362 of the bankruptcy code (the automatic stay) or section 524 of the bankruptcy code (post discharge injunction) depending on when they filed their suit. Either way, you would be able to recover damages from them for doing so.
Answer Applies to: California
Replied: 10/7/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No, they will not be able to sue you.
Answer Applies to: California
Replied: 10/7/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
No. If properly listed the bankruptcy will result in a discharge of the debt.
Answer Applies to: California
Replied: 10/7/2010
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