If you did not reaffirm the debt, then the underlying debt for the 2nd mortgage was discharged. However, the mortgage lien still remains. As long as you continue to pay your mortgage, the lender cannot foreclose in most states, and apparently Utah is one of them.

You may already have created an obstacle for yourself by acknowledging that the line of credit was secured debt in your filing. You would do well to consult a local bankruptcy attorney before taking any further action, since this type of mistake--common to people who attempt to file bankruptcy... View More

Any inheritance you are entitled to in the 180 days after the case was filed (not discharged or closed) must be reported to the trustee who handled the case. You don't have to have actually received anything. You just have to have the right to receive it so you cannot just put off getting the... View More

A: The Discharging of Student Loans is extremely rare. As with any debt that involves a co-debtor, the co-debtor owes just like the original debtor. There is no special class because you are a co-signer, you can be sued just the same, and even before the other party. Generally, the Creditors go... View More

A: There are lots of reasons, the simplest is that it was given to him for some reason that you have not been advised, or that it was gifted/purchased from someone else.

A: The counting of time for the Statute of Limitations (SOL) goes from the last payment, not when the debt was incurred. If the SOL has expired (tolled) from your last payment, you should tell the collector to take a walk. SOL is not an absolute bar to suit. If they sue you, you should raise SOL... View More

A: Contact the Clerk and find out what is the delay.

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

A: Income Taxes are not dischargeable. Property taxes can be discharged, but the taxes still attach to the property and the Collector can proceed In Rem (against the taxed item).

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

Whether an action can be brought against a company that has filed for bankruptcy will depend on how you answer a number of questions. One is whether the plaintiff wants the action to be brought in district court or as an adversary proceeding (roughly a "litigation on the side") in the... View More

If the credit card debt is five, or more, years old then I take it that it's safe to assume that the creditor has already obtained a judgment against you. If that is the case, then your options (without knowing more about your situation) would be to (1) negotiate some settlement with the... View More

It should, however, it the personal property is collateral, the Creditor may only temporarily be stopped, and may file a Motion for Relief from Stay, which will allow him to proceed.