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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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As mentioned in my history of questions above, my wife and

Resolved Question:

As mentioned in my "history" of questions above, my wife and I moved out of our house due to bankruptcy. We were told by our lawyer to cease mortgage payments as we would need to surrender our house. I assume this meant foreclosure. But whatever it meant/means, we were notified this past September (we moved out in early summer) that there was going to be a foreclosure sale on our house. I understand from an answer to an earlier question that we then became, due to both the bankruptcy and the foreclosure, no longer responsible for the utilities to that house. My worry is this: whether or not there is electricity being maintained in the house, the pipes in the laundry room will freeze and break, thus flooding the basement. Are we in any way responsible for this? Even though many months have passed since moving out, we've never been approached to transfer the deed over to any lawyer or any foreclosure company.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Have you actually filed your chapter 7 bankruptcy? If so when
Customer: replied 5 years ago.
We filed for chapter 7 bankruptcy late last year. Bankruptcy was discharged early this year, roughly Feb. 2010.
Expert:  Ellen replied 5 years ago.

You may have potential liability for any damage that results from the frozen pipes. You may also have potential liability for any injury that occurs to any person or property.

Here is why

In your bankruptcy petition you were required to indicate whether you intended to surrender the house. I am assuming from your question and previous questions that you indicated on your petition that it was your intention to surrender the house. In addition to indicating your intention to surrender the house, you are required to actually surrender the house. This would typically be done by quitclaim deed to the lender and/or trustee in bankruptcy. Since you have not performed the surrender, you will want to contact your prior bankruptcy attorney and request his assistance.

I hope that it helps to know this information

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Customer: replied 5 years ago.
We have been locked out of the house - in fact, there is a metal plate on the door so that no-one can get in. We have no way of draining the pipes or avoiding this disaster anytime soon, assuming the legal process may take awhile and it is already December.
Expert:  Ellen replied 5 years ago.
It may be that the lender has secured the premises. If this is the case, you may no longer be held responsible for the property. I suggest that you meet with your bankruptcy counsel to complete the transfer to the lender. This may be accomplished by quitclaim deed without a court hearing
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Expert:  Ellen replied 5 years ago.
Thank you for the generous bonus. I appreciate it.

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