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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I had a chapter 7 bk almost 4 years ago and my home mortgage

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I had a chapter 7 bk almost 4 years ago and my home mortgage was in it. Bank of Assholes told me try can ask a judge to overturn it if they want to . I have never heard anything so ridiculous. Is this true?

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to help.
Roger : Was your mortgage loan discharged in the bankruptcy?

Yes it was- in 2010- how can they come back and say that they can ask a judge to reverse a bk decision 4 years ago and they did nothing in the time period that creditors could object- they are liars!!!!


Also I was told that doing a short sale after a bk creats a new contract and I could get issued a 1099 for the difference

Roger : If your obligation to pay the debt was discharged in 2010 and the lender didn't appeal or take action to challenge the court's discharge, then there's nothing it can do against you.
Roger : Granted, the debt is still out there, but it is not collectible against you.

what about the short sale question?? can a 1099 be issued since it was a new contract after the bk???

Roger : I've never heard of that. If you're discharged of the debt - - you're discharged of the debt.
Roger : There should be no need for a short sale - - just let the lender foreclose.
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