Asked in Bankruptcy for Ohio

Q: I was granted bankruptcy chapter 7 in 2010. I continued to pay on my mobile home loan until May 2019.

Do I still have an obligation to pay or pay the balance due once sold

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3 Lawyer Answers
Dean Paolucci
Dean Paolucci
Answered
  • Bankruptcy Lawyer
  • Akron, OH
  • Licensed in Ohio

A: Hi there! There are a few things of importance with your question.

1. Do you want to keep the mobile home? If yes, then you do have to pay the debt.

2. Did you reaffirm the debt in your bankruptcy? If yes, then you are obligated to pay the debt despite your bankruptcy in 2010.

If you did not reaffirm and you do not want to keep the mobile home, then no, you do not have to pay the remaining debt as it was discharged in your bankruptcy.

I hope this helps.

**This answer does not create an attorney-client relationship of any kind.**

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Did you reaffirm the debt? If so, you should continue to pay if you want to keep the mobile home. If you did not reaffirm the debt, then you cannot be made to pay the debt but you still will have to if you want to keep the home.

Robert L Caplan
Robert L Caplan
Answered
  • Bankruptcy Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Assuming the debt was discharged in your bankruptcy, then, no; you would not need to repay the balance after the property was sold. It was discharged. The voluntary payments you made to the creditor were simply that: Voluntary.

Note you would still be responsible for the deficiency if you and the creditor signed a reaffirmation agreement in the bankruptcy. This is a written agreement filed with the Court that basically restores your obligation to pay, despite having the debt discharged.

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