Legal Question in Bankruptcy in Florida

Excess funds after bankruptcy and foreclosure

I filed for Chapter 13 bankruptcy (my mortgage and second mortgage were included) and was unable to make the payments and switched to a Chapter 7. After my Chapter 7 was discharged my home was sold in foreclosure and there are excess funds that are in the registry after the sale. The funds have been there for six months. My question is: why hasn't the 2nd mortgage taken those funds and since they haven't, are their any bankruptcy laws that allow me to receive those funds? By filing a motion to disperse and an order for release of funds, am I just saying to the 2nd mortgage..here's your money come and take it?


Asked on 6/09/05, 3:03 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Excess funds after bankruptcy and foreclosure

It is possible the second mortgage was paid in the foreclosure sale and that may be why they are not collecting the excess proceeds. You should verify this and then move to collect your funds.

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Answered on 6/10/05, 9:29 am


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