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What''s going to happen to our house?

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    What''s going to happen to our house?

    My husband and i filed Ch 7 on Dec 31. We are planning on surrendering our house. Thats our main reason for filing to get rid of it. After everything is discharged, then what? Are we going to be responsible for any difference after they sell it at the auction? Are mortage is through USDA Rural Development (a governemt loan) What about our taxes? Will they take those. My lawyer said no, but I'm not so sure. Although I guess I should trust him seeing how he's been doing this for 17 years. We have a no asset case if that makes any difference.

    #2
    Since you filed a Chapter 7, you will not be responsible for any deficiency (the amount between what they sell it for and what you owed). The mortgage will be discharged.

    You will have your fresh start.

    As for your 2008 tax refund, you will probably know during your 341 Meeting if the Trustee wants it. It varies by District, amount, and sometimes whether the refund is owned by both spouses with one of them not filing. It just depends.

    If you were talking about property taxes. You wil not be responsible for those either. The property taxes are attached to the home and when that sells... the new owner will have to pay them to get a clean title.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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