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Getting sued by a discharged creditor

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    Getting sued by a discharged creditor

    I'm sorry I'm unsure if this is the right spot. I was discharged 11/20/18. I did not reaffirm my mobile home. Both the mortgage company and the park were discharged in my bankruptcy. It is now 2/28/19 and the community is suing me for the mortgaged amount. I'm aware this is illegal, but when I contacted the court...the same district that made the bk7 determination, they say I have to hunt down the lawyer they've assigned to serve me and do the leg work to get my BK7 lawyer to give them a desist letter and send them the BK7 determination. This all seems really stupid when I can go on their website, put in my BK7 case number, and oh look, there it is. How did they even accept the motion for the suit? This is so frustrating. If it winds up costing me money to fight this, can I charge the company bringing this lawsuit for the costs?

    #2
    I think I put this in the wrong forum now that I'm looking

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      #3
      This is about the only place to put this "after the discharge" has been entered.

      It depends on what type of lawsuit is happening. If this is an "in personam" lawsuit, meaning that it's against you personally, then the mortgage company and park would be violating the permanent discharge injunction against attempting to collect. That violation could cost them a lot of money of attorney fees and sanctions.

      However, and this may be what's really going on, an "in rem" lawsuit, meaning that they are collecting against your property on a consensual lien, then this is likely not a violation of the permanent discharge injunction.

      In rem lawsuits, or foreclosures, happen all the time on property that was "included" in bankruptcy. As you may know, bankruptcy only eliminates the debtors legal responsibility to pay a promissory note. However, the mortgage, which is the pledge of the property to satisfy any debts owed the the mortgagor, passes through the bankruptcy unscathed. Simply put, all liens pass through bankruptcy untouched. (Unless there was a lien stripping action inside the bankruptcy.)

      So, my first question is, just what type of action are they seeking? Is this a foreclosure?

      If you filed with an Chapter 7 attorney, then you should contact the attorney to have them handle this, if it is in fact a stay/injunction violation. Additionally, your Chapter 7 attorney could look through everything and confirm whether this is an "in rem" or an "in personam" lawsuit, which makes a big difference.

      If your attorney finds that the two parties acted in violation of the permanent discharge injunction, then your attorney would collect their fees on contingency. The fees would be collected via a re-opening of your case and a Motion (or Complaint) for Sanctions for Violation of the Permanent Discharge Injunction, or similarly titled action.
      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


      I am not an attorney. Any advice provided is not legal advice.

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