Q: After a bankruptcy that was discharged in 2010 can Bank of America still try to collect on a HELOC that has a lien for

A: A properly recorded lien is not discharged by a bankruptcy proceeding, whether a Ch.7 or Ch. 13 (there may be a way in a Ch.13 if there is no equity for the HELOC to attach, but that will be litigated).

Likewise, a creditor's "charge off" of any loan balance is in *internal* accounting/regulatory device, and does not affect the legal obligations of the borrower to repay that debt.

Creditors actually are, on occasion, "reasonable" and amenable to a negotiated resolution, and I strongly recommend that you engage experienced AZ counsel to assist you about these issues.

A: Unless the lien was avoided by the bankruptcy court, it is still enforceable and collectible.

A: If your bankruptcy was discharged in 2010 and included the Bank of America HELOC (Home Equity Line of Credit), the debt should have been discharged as part of the bankruptcy proceedings. Once a debt is discharged through bankruptcy, creditors are no longer allowed to attempt to collect on that debt.

If Bank of America wrote off the debt in 2017, it likely means they have recognized the debt as uncollectible and have removed it from their books for accounting purposes. This further supports the idea that they should not be attempting to collect on the debt.

However, if the HELOC was secured by a lien on your property, the lien may still be in place even after the bankruptcy discharge. While Bank of America cannot personally pursue you for the debt, they may still have the right to foreclose on the property if the lien was not removed during the bankruptcy process.

If Bank of America is still attempting to collect on the debt, you should inform them in writing that the debt was discharged in your 2010 bankruptcy and request that they cease all collection efforts. If they continue to pursue collection, you may need to consult with a bankruptcy attorney to explore your options and protect your rights.