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
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.**
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
