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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am married, my husband is self employed and I work full time.

Resolved Question:

I am married, my husband is self employed and I work full time. I lost my job due to downsizing a couple of years ago and filed a personal bankruptcy, just on my credit cards, which was discharged in May of last year (2010). My bankruptcy attorney did not say anything about out mortgage or loan being in any kind of danger. Ever since our lender found out about my bankruptcy we don't get a monthly statement, we can not manage out account on line and I have to call in the payment each month. The lender says I have to take my name off of the mortgage or reopen the bankruptcy. Should I go back to the attorney that handled the bankruptcy?

Thank you for your time.
Angela Henry
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

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

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

It does not appear that your attorney made an error.

The bankruptcy discharged your personal liability on the mortgage. You are able to keep the house because you continue to make payments on the mortgage. The bank does not send you a statement because your personal liability was discharged in the bankruptcy

Please let me know if you have any questions concerning my answer.
Customer: replied 6 years ago.

The house was not part of the bankruptcy, my husbands name is XXXXX XXXXX mortgage also and he was not part of the bankruptcy either so I guess I still don't understand what I can do to get back to the way it was. Recieving statements etc. with no lean?


Thanks again for your time.



Expert:  Ellen replied 6 years ago.
Although you did not give up your house in the bankruptcy, your liability on the mortgage debt would be discharged by the bankruptcy. Since your husband did not file bankruptcy,he remains liable on the loan

The chapter 7 bankruptcy would have discharged your personal liability on the mortgage but not the lien on the property. This means if the property were to be foreclosed, the lender could sell the property to satisfy the debt but could not obtain a judgment against you for the unsatisfied portion of the debt. However it also means that you cannot sell the property without paying the mortgage in full

The botXXXXX XXXXXne is that the lender can send a statement to your husband but may not bill you
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