Q: How do I get my discharge papers?
The attorney I used has moved, I am now dealing with a foreclosure on the home listed on my bankruptcy and am trying to fight this on my own. The attny moved before I ever received my discharge papers. I filed bankruptcy in 2011. The mortgage company has turned this into the credit bureau and my score has dropped 100 points. They also have an attny who is going after me for court costs related to the foreclosure. Not sure what recourse I have other than to send them a copy of my discharge papers which I don't have.
A:
You can sign up with Pacer.Com and search for your case in your state. The cost to download documents that were filed in your case is $0.10 per page. If you live close to the bankruptcy court clerk's office, you can go by the court and purchase a copy from the court. Not sure what the cost would be, but should be around $0.25.
If you did not reaffirm the debt and stopped paying the mortgage, then the mortgage company can foreclose. The foreclosure can be shown on your credit report, as your discharge discharges liability under the debt but the lien created by the mortgage remains. If the debt was discharged, you should not be liable for foreclosure costs. However, if you reaffirmed the debt, then you are liable for the deficiency.
A:
If by "moved" you simply mean that the attorney has relocated his/her practice, you should be able to locate the attorney easily. Making contact with the lawyer would be your best approach, since he or she will know how your house was handled in the case and why, in addition to being able to provide your paperwork.
It seems that you haven't entered your state, so I can't provide a specific link for locating attorney contact information, but most states provide a listing of all attorneys with current licenses in the state and up-to-date contact information. Try searching online for "attorney registration" or "roll of attorneys" along with the name of your state.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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