Jersey City, NJ asked in Bankruptcy and Foreclosure for New Jersey

Q: The Trustee in my Chapter 7 said my case will be closed in 30 days. But I have not received discharged Papers

I filed Chaper 7 not keeping the home as it is underwater. Trustee said case will be closed in 30 days but I have not seen discharge papers am I still obligated to pay mortgage. The mortgage company just sent a order for hearing to remove the stay, date of this hearing is in 25 days. I thought I would get a discharge first so I am not legally obligated to pay the mortgage.

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2 Lawyer Answers

A: If you want to stay in the house you need to pay. If you do not, then you do not. The clerk at holiday time takes a little more than 30 days to process papers.

A: You obviously did not use an attorney. You have no personal liability for the mortgage or any dischargable debt in a Chapter 7 Bankruptcy.

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