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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11875
Experience:  JD, MBA
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If one has filed and had discharged a Chapter 13 bankruptcy

Resolved Question:

If one has filed and had discharged a Chapter 13 bankruptcy and did not reaffirm their home mortgage, would that person be subject to a deficiency judgement in the event the home was foreclosed upon?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “If one has filed and had discharged a Chapter 13 bankruptcy and did not reaffirm their home mortgage, would that person be subject to a deficiency judgement in the event the home was foreclosed upon?”

Answer: As long as the mortgage was included in the bankruptcy, then you would not be responsible for a deficiency judgment. If the mortgage was not included in the bankruptcy, then you would be required to pay the deficiency balance because the lender would have otherwise gotten proceeds from the plan. If it didn’t get proceeds from the plan, then it was prejudiced, and the debt would not be discharged.

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