Q: 2nd mortgage on their house and then filed bankruptcy with the 2nd included then discharged can they still bill this
bankruptcy was discharged over 10 years ago and now bills have started to come in again demanding payment. can they do this after the matter had been written off
A: Depends on whether the 2nd mortgage lien was avoided. If it was, then no. If it wasn’t, then they can move against the property but they cannot get a money judgment against the debtors.
The answer will depend on the type of chapter and discharge you were in. Probably, you would have no personal liability, but, the lien on the property may have survived. Without more information, the answer is unclear.
You need to contact an attorney who understands the law to obtain advice for your situation.
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