Fayetteville, NC asked in Bankruptcy for North Carolina

Q: Mother filed bankruptcy in 11/21/2014 she been making payments on house since then now I found out house under bankruptc

Any thing I can do

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

A: Most likely not after all this time but you should get a complete copy of the file and take it to an experienced bankruptcy practitioner who can evaluate the case fully and make some decisions.

Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • Bankruptcy Lawyer
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who filed her bankruptcy with any specific questions or if that attorney is not available, she should have a specific private consultation with another bankruptcy attorney who can look over the records concerning what type of bankruptcy it was, etc. If she's trying to refinance and the lender says she cannot because she did not "reaffirm" the mortgage in the bankruptcy - she needs to go apply with a different lender for the refinance. The bankruptcy judges in North Carolina do not approve reaffirmation agreements on mortgages, but the banks will lie and claim they cannot do a refinance because no reaffirmation was done. Reaffirmations are required in a few other parts onthe country, but are not required in North Carolina.

Damon Duncan agrees with this answer

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