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Should I get an attorney? Or suffer the consequences?

Business 8 views 3 answers
I filed ch.7 bankruptcy in 2010. The only debt I reaffirmed was my house. A couple years later I went threw a divorce and both of us left the house and it went into foreclosure. That process just ended in January of this year. I just received a letter from a collection agency in the some of about 14k. I looked them up to make sure they are legitimate and they are. The only think I could owe that much on is a deficit on my old house. I'm not sure what to do. Any advice would be greatly appreciated. Jerry

Attorney Answers

3
Brian Baker ·
You must confirm first that it is the deficiency on the mortgage you reaffirmed. You should write back and ask them to provide verification of the debt. If it is for a debt other than the mortgage you reaffirmed and is for a debt you incurred prior to the bankruptcy that was discharged you should provide them with a copy of your discharge and tell them they are in violation of federal law. If it is for a debt you incurred after the bankruptcy, you did not discharge that obligation. You should consult a local attorney that provides a free consultation. Good luck.
0 upvotes
Nathan Schultz ·
You need to get information from the collection agency (in writing) about what debt they are asserting. Then depending on that information, you can decide whether you have a dispute and/or want to speak with an attorney about it.
0 upvotes
William Turner ·
By reaffirming you did agree to remain liable for the debt. If this was a second mortgage, it would make sense you are still liable after foreclosure, but it is rare that you would still owe on a first mortgage. You could seek a free consultation from a bankruptcy attorney to consider your options. You must wait 8 years before you could file a second 7, but you could file a 13 now as that only requires 4 years since the 7.
0 upvotes

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