Can you still fight a foreclosure after chp 7 bankruptcy

Asked over 3 years ago - Quincy, FL

Gave up no more money, no legal aid help filed chp 7 and have been discharged. Haven't heard from Deutsche Bank anymore but AHMSI still calls for pmt. which to me is really stupid that they don't even no whats going on. My question is how can I find out what they are doing on my house now, I live right up from it on my other property in a fifth wheel and nothing going on with it. Got a letter stating we had abandoned and it has been since discharge from bnk 7. What can I do now to find out what is going on with it. The house is deterioating fast and mildew everywhere which is sinceless, too bad these companies are all crooked and dont care. My home for 30 yrs is gone and what for and why>

Attorney answers (3)

  1. Lewis Matthew Roberts

    Contributor Level 16

    Answered . Simple answer: Yes, you can still fight a foreclosure even though you filed chapter 7 bankruptcy.

  2. Jennifer Ann Klock Morel

    Contributor Level 10

    Answered . Your question is not entirely clear, but I gather that you received a discharge of your debts in a Chapter 7 bankruptcy, but a creditor is still contacting you in regard to a debt. Was the creditor listed in your bankruptcy petition? If so, they are violating a court order from the federal bankruptcy court, and as such they are violating the law. If they were not listed in your bankruptcy petition, they should have been if the debt was incurred prior to the bankruptcy and it would be appropriate to go back and amend your schedules. If the debt was discharged in your bankruptcy, a good first step would be to inform them that the debt has been discharged in bankruptcy. If they continue to contact you, make note of the dates/times and the people you speak with and contact an attorney that deals with FDCPA violations and violations of discharge. You can likely get a referral for an attorney from your local bar association. Good Luck!


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    (This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies. This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response is based on the limited facts provided. Given additional or different facts, the response would likely change.)

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . If you wish to keep the property after you received your bankruptcy discharge, you have a couple of options.

    First, you may apply for a loan modification to see if the lender will allow you to catch up on your past due house payments. I filmed a 4 part video explaining loan modification which is one of my legal guides. Click my photo to take a look at this video series.

    Another option you have is to file a Chapter 13 Bankruptcy which could give you 5 years to bring your past due mortgage payments current. You will want to consult with an experienced Chapter 13 attorney in your community for help making this decision.

    Hope this perspective helps & good luck!

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