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    Hypothetical Question

    DH and I filed bankruptcy back in 2004/2005 (see sig line). We reaffirmed the truck loan, which has long since been paid off. The reaffirmation is listed on PACER.

    The bankruptcy case was closed in 2005; no assets. The house was slightly over the exemption amount, but the trustee decided not to fool with it.

    I'm 99% sure we didn't reaffirm with the mortgage company (I don't recall signing anything, and PACER makes no mention of it). Our payments were, and are, current, of course. We've lived here 15 years, and have somewhere around $20,000 - $25,000 equity built up.

    A couple of weeks ago, we started experiencing problems with our septic tank system. It started out as a full septic tank and a clog ($600+), but this weekend it became apparent that the problem is more serious. It could potentially end up costing thousands of dollars, which we simply don't have.

    Hypothetically speaking, what would happen if we just "walked away" from the house instead of having the septic tank system repaired/replaced? Just stopped making payments, and moved out?

    The reason it crossed my mind is because the guy across the street just had to install a special kind of septic tank. I believe his cost was around $20,000. I'm VERY worried that our system could be failing (or has already failed), and that we could be facing the same kind of expense. We live basically on the same hill, with the same soil (hard, rocky clay!), drainage, etc. At that kind of price, we'd be back to Square One as far as having the house paid off!

    SURELY it won't cost that much ... I hope ... but I'm just brainstorming and exploring our options.
    Filed Chapter 7 (Medical Bills) - 12/16/04
    341 Meeting - 1/28/05 | Discharged - 3/31/05 | Case Closed, No Assets - 7/5/05
    Update 2/15/11 - Still totally debt-free except for the mortgage, which we're paying down quickly!

    #2
    I don't see your sig line. I"m not sure how to advise you since I"m not certain of the old pre Oct 1st 2005 Bankruptcy Laws. It is my understanding though that if you didn't sign a reaffirmation agreement then if you walked away you'd owe nothing. However I would probably ask someone to make sure and be sure you didn't sign a reaffirmation for sure.

    However I'd at least get a quote on the full cost of repairs and then evaluate the cost to move etc. before making a decision.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Originally posted by JRScott View Post
      I don't see your sig line.
      Filed Chapter 7 (Medical Bills) - 12/16/04
      341 Meeting - 1/28/05 | Discharged - 3/31/05 | Case Closed, No Assets - 7/5/05
      Update 4/1/07 - Back on our feet! Taxes are paid off! No debt other than mortgage.

      I"m not sure how to advise you since I"m not certain of the old pre Oct 1st 2005 Bankruptcy Laws. It is my understanding though that if you didn't sign a reaffirmation agreement then if you walked away you'd owe nothing. However I would probably ask someone to make sure and be sure you didn't sign a reaffirmation for sure.
      That's what I'm thinking. And yes, I'll call our lawyer and make 100% sure first, about everything.

      However I'd at least get a quote on the full cost of repairs and then evaluate the cost to move etc. before making a decision.
      Yes, we're going to get a repair quote right away. There's one or two more things my husband's going to check, hopefully this morning, then we'll start making phone calls if his ideas don't work.

      I just wanted to find out what our options would be, if the "worst case scenario" happens.

      Thanks!
      Filed Chapter 7 (Medical Bills) - 12/16/04
      341 Meeting - 1/28/05 | Discharged - 3/31/05 | Case Closed, No Assets - 7/5/05
      Update 2/15/11 - Still totally debt-free except for the mortgage, which we're paying down quickly!

      Comment


        #4
        Yes, if no re-affirmation was signed, then you can just walk away from the property. Although I do believe that a foreclosure so long after your discharge may be a double-whammy on your CR's.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment

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