Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
If you did not reaffirm the debt, then the debt is discharged in the bankruptcy case.
If a loan was written off, it generates a 1099, but since you filed the bankruptcy case, there is no taxable event, since the debt was already discharged in the bankruptcy. If you do get one, provide a copy of the bankruptcy discharge to your tax preparer along with the 1099.
On top of that, if you were insolvent at the time of the 1099, Obama has a law currently, that would waive any taxable event for you to boot.
You should be fine, the bk covers you, and the insolvency law is double protection for you.
Thanks for your questions, good luck. let me know if you have any further questions.
By continuuing to pay the house payment does that mean you reaffirm? I don't remember signing anything.
A reaffirmation is a document you would sign after the filing before discharge which allows the debt to survive bankruptcy and you to stay responsible for payments.
They are not required, and many lenders let debtors pay the loan, but not reaffirm as long as they stay current on the payments.
Check with your bankruptcy lawyer, or the bankruptcy court to see if you reaffirmed on the mortgage.
If you did, you are on the hook, and would get a 1099.
If so, then you can try to have your tax preparer file insolvency statements if that is the case currently.
Hope that sheds some light on the matter for you.
Thanks for your question, good luck.
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