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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If a home is discharged in chapter 7 bankruptcy, what are my

Resolved Question:

If a home is discharged in chapter 7 bankruptcy, what are my responibilities to the home if I were to move out long before the forclosure process is complete in illinois?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.


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. Any debt incurred on the property after filing the bankruptcy such as HOA fees would remain your responsibility

Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
What are my responibilities to keep the home heated and liabilities for any damage done to the home ie: heating system failure, break ins,vandalism etc. ?
Expert:  Ellen replied 5 years ago.
If your chapter 7 bankruptcy petition indicates that you are surrendering the home in the chapter 7 bankruptcy to the lienholder, you are not responsible for the upkeep of the home
Customer: replied 5 years ago.
Is it true that all utilities must remain on and in my name for the duration of the forclosure process after I have left the home? Should I notify the lender that I have left the premises unattended? How would I go about this?
Expert:  Ellen replied 5 years ago.
Is it true that all utilities must remain on and in my name for the duration of the forclosure process after I have left the home?
no is not true

Should I notify the lender that I have left the premises unattended? How would I go about this?
Yes -- you may send the lender a letter enclosing a copy of your statement of intentions from your bankruptcy petition and informing them that you have abandoned the property
Ellen and 2 other Bankruptcy Law Specialists are ready to help you