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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Are they saying they are gonna release me from the loan and simply take the mfg home

Customer Question

I had bought a home and was going to try to sell the mfg home. It just happend that the mtg co sent me this letter. I bought that mfg home 4 mos prior to the discharge but DID not list it in the bankruptcy. However, In the 7 yrs i have lived there, I am unable to speak to anyone there except for the bankruptcy dept. They are vague and dont answer

BotXXXXX XXXXXne...Does the letter imply that they are going to release me from the loan obligation and simply take the mfg home? AM I ABLE TO LEAVE THE MFG HOME (GIVE IT BACK TO THEM) AND WALK AWAY w/o recourse? I dont want them to seize my assets that I have gained after the discharge in 2002.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Hi TMG:

So to be sure I understand: You were in a Chapter 13 that you filed some time between 1997 and 1999, and was discharged in 2002, and at some point around 2001 you acquired a mobile home loan that you did not list in the Chapter 13. You are now defaulting on the mobile home loan, and you are asking if the mobile home lender can come after you, is this correct?


LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
Customer: replied 5 years ago.
I filed chapter 7 in April of 2002. I had to provide a home for my family so my mother and I signed a loan together (im the second joint signor)for a brand new manufactured home in May of 2002. In sept of 2002, the chapter 7 for all debt prior to the home was discharged.

Since then, I have lived there making the payments as usual. HOwever, In 2008, I missed a couple of payments. HOwever, whenever I needed to discuss anything, they always send me to the bankruptcy dept. They are very vague adn have never ever contacted me until now. In the meantime, I am moving. I had planned on TRYING to sell the home.

SO I am very curious as to what they are saying.

Expert:  JoeLawyer replied 5 years ago.
I see, thanks for the clarification.

Unfortunately, debts incurred after a Chapter 7 bankruptcy petition is filed may NOT be included in the discharge (see 11 USC 727(b), HERE, which says that a Chapter 7 discharge discharges the debtor from all debts that arose before the date the bankruptcy was filed).

So, if the lender opts to let you off the hook - great, but they are not likely obligated to let you off the hook because of the bankruptcy. It might be the case that since they keep sending you to the bankruptcy department that they believe the debt was discharged, in which case they may never come after you if you surrender the manufactured home, but it is a big risk since they may well know the debt was not discharged and they are intentionally being obtuse until they have repossessed it, after which they will come after you.

I wish I could tell you better but I have no idea what they might know or what they are planning.

All I can say for sure is it is a risk for you to assume they will forgive the debt, since the law is probably on their side if they do decide to pursue it.

Sorry this isn't the best news, but I thought you would appreciate an honest answer instead of just telling you what you hoped to hear. I hope this helps and a positive feedback is always appreciated if this was useful to you even if it was not the best news!

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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