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Can you include mortgage debt in bankruptcy?

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    Can you include mortgage debt in bankruptcy?

    Filed Chapter 7: 8/13/08
    341 Meeting: 9/15/08
    Last Day To File Objections: 11/14/08
    Discharged & Closed: 11/18/08

    #2
    I would think so. She should consult an attorney to be sure.

    Comment


      #3
      WHat state are you in? DId your sisters house go thru judicial forclosure? Or do you know if there was a deficiet judgement?
      Not only am I not a lawyer, the California BAR association has sent me numerous letters telling me not to even THINK about going to law school. In fact, the lay advice I provide is not even good. In the end remember, you get what you pay for, and here in BK land were not the best at paying.

      Comment


        #4
        Not sure

        She is in NY. I do not know if it was judicial foreclosure. I do know she received the notice of sale and that is would be auctioned off, which according to the records, it was. I do not know if there was a deficit judgment. Do these things matter?
        Filed Chapter 7: 8/13/08
        341 Meeting: 9/15/08
        Last Day To File Objections: 11/14/08
        Discharged & Closed: 11/18/08

        Comment


          #5
          Any mortgage deficiency is unsecured debt and is discharged-just like credit cards or medical debt.

          She needs to find out if lenders in NY can sue for a deficiency balance. In some states they can't. A bk may not be necessary.

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