Later after finalizing bankruptcy with this attorney I found out he included my home loan in the bankruptcy process, He was absolutely aware my home loan was not to be included in the process. He needs to make it right.. How do I go about this?? I have spoke to this attorney . I get the run around.
Number one - you are required to list ALL debts. Failure to do so is perjury.
Number two - you had to review and sign everything before it was filed.
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He absolutely explained to you that you were required to disclose all debts on your petition or be guilty of bankruptcy fraud. He also explained to you that you were required to keep making the payments on your mortgage if you want to keep your house. So what exactly do you think he did wrong?
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I agree with the other attorneys who have answered. There is a common misperception that debtors can pick and choose what creditors or assets they can include "in the bankruptcy." This is not the case.
A discharge is incredibly powerful relief: you are given a fresh start from thousands or millions of dollars that you owe. The price for this relief is 100% accuracy and transparency, listing all assets and all debts.
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Chapter 7 Bankruptcy Attorney
Consider how advantageous your situation is. You now owe NOTHING to the mortgage company. NOTHING. Yes, I guess I'm saying it loudly. It's hard to get your head around the idea of how powerful your bankruptcy discharge is.
Now, of course the mortgage still sits like a big blanket over your home. But, you now have a choice. Each month you may choose to pay a mortgage payment. If you do pay, you get to go over to the mortgage blanket and cut a little piece off the blanket.
If you choose not to pay, or if you choose not to insure the home, the bank will foreclose. Regretfully. But as long as you pay, the bank will refrain from foreclosure. Why won't the bank foreclose? Because it already has a ton of foreclosures on properties that are NOT paying. It will not choose to take a loss on a home that is insured and paying on time. This is true even though you have totally discharged all of your liability to the mortgage bank.
So now if you get offered a great job in MIami, you can go and not worry about selling the house. Just send the bank the keys and go. There will never be a deficiency judgment against you, no matter how little your home eventually sells for. Very cool.
Now, let's assume the unlikely situation that your home could be worth more than what is owed on the mortgage. In that case, you are free to sell the home and keep the profit. So what's not to like?
You will will hear about a thing called a "reaffirmation." These are only rarely done on homes. The only reason to do one is because the house is worth a lot more in cold, hard cash than the mortgage. Otherwise, don't consider it.
Send your attorney a Thank you note, Christmas card, Hannukka card and whatever else expresses your gratitude. They did their job. Good luck.
This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.
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