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Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I recieved a assessment of damges hearing letter on a home

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I recieved a assessment of damges hearing letter on a home that I owned that went into foreclosure. The obligation for this mortgage loan was discharged in a Chapter 7 bankruptcy 2 years ago.Since the debt was discharged ,can I ignore this letter?


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification 


Was this sent from the lender?


Is their a date in which they stated the damage happened?


It was received today from the attorney representing the lender. There is no date identified but the property just finshed forecloure proceedings a week or so ago. The debt associated with the proerty was discharged 2 years ago so I am unclear as to what damages form the default they can be referring to.

If the letter is from the lender, and the lenders debt was discharged in the bankruptcy, then you would not be liable.

You should send a letter to the attorney stating that the lenders debt was discharged and list your bankruptcy case number. If they claim this is a new debt arising after the bankruptcy, then they would have to prove it in Court, as that might be a problem.
Customer: replied 4 years ago.

What might be an example of a new debt arising after bankruptcy that didn't involve a mortgage lien?

If after your bankruptcy and you left the home with damages, the lender could claim that after your discharge you intentionally damages the home, or took pipes or fixtures etc.

These would be difficult for them to prove. If you left the home, prior to your bankruptcy, then they could not claim these damages.
Customer: replied 4 years ago.
When I vacated the home a year ago I notified the lender of such and they indicated that they would secure the property , which they did.
Since it is a hearing letter I would ask for the time and date and verification of damages, they would have to prove the damages happened after your discharge, I would not ignore the hearing if a date is set, they may argue if you are not their that you caused damage to the home when you left and it happened after the bankruptcy.
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