Legal Question in Bankruptcy in Florida

I received today this Notice of Hearing from the Plaintiff who is lender to my mortgage on a Motion for Summary Judgement Including a Hearing to Tax Attorney Fees and Costs.

my name is on the Service List and I am the Defendant

I had filed for Chapter 7 bankruptcy on my own and without an attorney back in August of 2009 on my mortgage which was on the verge of foreclosure.

the chapter 7 bankruptcy to my mortgage was discharged last month and 2 months ago I had to file for unemployment.

My question is do I have to appear at the hearing which is on Sept. 8th since I did not get served and why did I receive this Notice of Hearing today especially after the bankruptcy has been discharged a month ago? Am I the one that the lender is soley after for the fees & costs and what must I do?


Asked on 8/21/10, 5:11 am

1 Answer from Attorneys
Aileen Gelpi Law Office of Aileen Gelpi, Esq.

It appears from the facts in your question that the mortgage loan was discharged in bankruptcy. Was the mortgage lender listed in your bankruptcy petition? Was it notified of your petition and your discharge? Did you relinquish the property during the bankruptcy?

If you answered yes to those three questions, then just to be on the safe side and prevent further problems, I would go to the hearing and show the discharge order to the judge, and also explain that you were never properly served with the foreclosure complaint.

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Answered on 8/26/10, 1:27 pm


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