not enough information for a complete answer.
is your home just in your name, or you and a spouse?
any mortgages on the home? a mortgage is a consensual lien, where you agree to pledge the home as collateral for a loan.
In Michigan, a creditor who has a judgment can put a lien on a home.
However, foreclosing on that lien to take the home is a long, involved process.
And a judgment lien is behind any mortgages, or other liens, already on the house.
for example, if you do not pay property...
First, verify the address of the creditor in the credit report as the one listed on your bankruptcy schedules. Sometimes debts are sold around when a bankruptcy case is filed, and the new creditor, the one who bought the debt, might not have received notice of the bankruptcy.
You or your bankruptcy lawyer can send the notice to the new creditor, or different address.
Also, send a dispute letter to the creditor, and each credit reporting agency that shows the debt, stating that you do not owe...
What the attorney can charge is governed by your agreement with him, which should be in writing, and, the bankruptcy code, and, the code of ethics for your state.
There should be no surprises.
My fee agreement is 5 or 6 pages long, depending on the case.
Who created the "impression?"
The attorney is obviously responsible for whatever he said and did, but also, for his staff, so if they gave you that impression, it can be binding on the attorney.
I would write the lawyer asking for...
Not really a bankruptcy issue. If you told them to shut it off, it should have been shut off. Did you ask them what happened? Do you have any records of your shutoff request?
You could take that in to explain; find out what their records show.
I do not believe you can be forced to take water service. Any bill incurred AFTER the date you filed bankruptcy would still be your responsibility.
To be clear, you can live wherever you want to; you do not have to dismiss your pending case and re-file in a new jurisdiction, just because your residence changes.
Whatever your obligations are under your pending case, they remain the same.
Not just making the payments, if you have to submit your tax returns, you have to keep doing that.
Nothing changes in your court case.
Always advise your attorney, and the trustee, and the court, of your correct address.
Have your attorney file the...
It is malpractice for an attorney to sign off on reaffirming a second mortgage, unless the terms of that mortgage are significantly changed to benefit the debtor, you. Personal liability is what is discharged in a bankruptcy; it does nothing to liens. Same with a car, you are discharged of your liability to pay the note, but the secured creditor can still repossess the car.
You need to have copies of what you filed with the bankruptcy court. Many people say they did not include their house, when what they mean is, they did not give it up, but kept paying for it.
If your attorney signed a mortgage reaffirmation, that was a serious error.
If no reaffirmation, your personal liability was discharged on BOTH mortgages, if they were listed as debts.
And, might have been discharged even if not listed.
However, the bankruptcy filing does not change the ownership of...
I would ask your attorney to handle this. The Madaj case in the 6th Circuit Court of appeals, which covers MI, says unlisted debts are discharged in NO ASSET cases.
A no asset case is one in which the Trustee does not recover anything for creditors. That is probably what happened in your case, check with your attorney.
The reason is, if there were assets recovered by the trustee, it would now be too late for the added creditor to file a claim to get any of that money.
The Madaj case also...
Not enough information. Whose name is the house in? What is the real market value, that is, what would it sell for today, without being painted or otherwise fixed up in any way? When was the credit card debt incurred, what was it used for? How much is the monthly mortgage payment? How much does he have left after paying his living expenses, not counting the credit cards, each month? Any sale of property on the eve of bankruptcy raises red flags. Not sure what will happen with credit card...
The specific answer to your first question is, yes, all debt MUST be listed. Whether it is discharged, that is, that you do not have to pay it, is a separate question. Companies do not take your tax refund, but the trustee might, as
Ms. Golant says, depends on the exemption laws in your state. National Association of Consumer Bankruptcy Attorneys is also a good place to find a bankruptcy attorney near you.
Whether the timing of filing helps you, relates back to the exemption laws in your...