Legal Question in Bankruptcy in California

I paid an attorney to file my bankruptcy (chpt 7). The purpose was to get rid of a home in another state that I could not sell, and could not afford. I am recently retired. the BK was discharged last January 2011...I am still getting bills from the mortgage company, and I am still on the county records as the 'owner' of the property. I asked this attorney that I paid to find out what went wrong...he said he would charge me to do so........WHY am I paying an attorney to do what I paid him to do in the first place? Do I have any recourse? I live in CA, the house is in NC....


Asked on 7/25/11, 6:11 pm

2 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Bankruptcy does not effect a release from title. Until such point that the home is sold through foreclosure, you would remain on title. However, the bankruptcy would have discharged the mortgage debt and the lender should not send you further statements. For practical purposes, you may call them and provide them your bankruptcy case no. and/or mail/fax them your discharge order. You could also contact an attorney for the purpose of filing a motion for violation of discharge.

This answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it�s independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

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Answered on 7/26/11, 9:03 am


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