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I have a lien on my home from a bank that filed after my chapter 7 bankruptcy was discharged and want to know if it survives.: I am seeking a refinance of my mortgage after a bankruptcy. I am 8 years after the BK discharge

Asked about 1 month ago in Chapter 13

Joseph’s answer: If the lien was filed after the filing date of your bankruptcy petition, it would be for a debt incurred after the filing of the bankruptcy. Normally, it should be for a debt incurred before the bankruptcy was filed.

If that is the case, the bankruptcy does not help you with what are known as post-petition debts.

If the lien was filed against the property before the bankruptcy was filed, if it was a lien based upo a judgment, depending upon the value of the property at that time, the mortgage balances and the amount of the lien, that lien could be avoided, even after all these years.

It would be best for you to contact a local experienced bankruptcy attorney.

Answered about 1 month ago.


Question regarding Chapter 7 Bankruptcy filing: THIS IS A QUESTION FOR A BANKRUPTCY ATTORNEY, NOT AN INSURANCE ATTORNEY. Please post in the correct area.



I will be filing Chapter 7 Bankruptcy pro se. I have a renters insurance policy and I need to know how to list it on schedule 106 a/b. Does this type of policy have a surrender or refund value?

Asked about 2 months ago in Bankruptcy

Joseph’s answer: I see no need to list the renters insurance. It is not an asset. Has no monetary value.

You would list the monthly rental isurance charge in schedule J.
I hope this helps.

Answered about 2 months ago.


Can I file bankruptcy on real estate property that me and my ex-husband have our name still on the loan for: In my divorce the real estate property got left in my hands I am now in the situation where I either need to try to sell it or file bankruptcy on it I was wondering the since his name is still on the loan but yet the divorce paper says it solely my responsibility if I was to go file bankruptcy on the house what legal rights if he didn't want to file bankruptcy what legal rights what happened to me like could he come after me take me to court and what how much trouble could I actually get in if he did take me to court because I was supposed to fully make the payments every month and keep the mortgage up to date

Asked about 2 months ago in Bankruptcy

Joseph’s answer: There is too much involved in your situation to be answered in avvo.com. Your divorce judgment needs to be reviewed by a bankrtupcy attorney.

You should contact a local experienced bankruptcy attorney and make arrangments for an office consultation.

That is the best advice that I can offer.

All the best.

Answered about 2 months ago.