Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello and thank you for allowing me the opportunity to assist you.
Question: “My question is can I reopen My Chapter 7 and have the courts force a readjustment or cram down or is it to late.”
Answer: If the mortgages were not reaffirmed, then I assume they were discharged, correct? That’s called a ride-through, and it occurs when the underlying debt is discharged, but the security interest remains. In other words, you are no longer personally responsible for the mortgage, but if you don’t pay, then the lender can still foreclose because the lien was left intact. The good news is that if the mortgage payments are too high, you can simply walk away from the house without any further liability. A ride-through is generally favorable to a reaffirmation, unless you’re facing a situation where the lender wants you out despite the fact that you’re paying your mortgage (in which case a reaffirmation would give you rights to remain, while a ride-through would not in some jurisdictions).
Of course, if you want to keep your house then the info above is not very helpful. If that’s the case, then you’ll want to do exactly what you’ve already tried … contact the lender and request more favorable terms. Reopening your case may be possible since judges have discretion to reopen a Chapter 7 in order to “administer assets, to accord relief to the debtor, or for other cause.” But I don’t think the bankruptcy court will be able to provide you with the relief you’re requesting since they are available in Chapter 13 cases rather than Chapter 7 cases. Again, continue to contact the lender and try to seek some sort of modification. To be honest, I’m surprised that the lender is non-responsive considering the fact that you’ve already been discharged. It’s lucky you’re still paying.
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