Legal Question in Bankruptcy in Georgia
I filed a Chapter 7 in Georgia 18 months ago. My home was included in the bankruptcy although I stayed in it and continued to make the payments. I recently applied for a loan modification due to the payments being more than I can afford with an interest rate at 7%. My question is if I sign for the modification will I still be protected under the bankruptcy laws and not be liable for repayment of this debt in the event I am unable to make the new payment? Also, the house doesn't even appraise for half of what I owe on it. Second question, is this a situation you walk away from?
3 Answers from Attorneys
The first question is for your bankruptcy lawyer since you did not tell us what happened with the loan in the bankruptcy case ("included in the bankruptcy" does not mean much). Second, as you should know from the Ch. 7 experience, what you do after the filing date is generally not a debt that is discharged. Filing a Chapter 7, getting a discharge, and then leaving it saddled with significant debt (reaffirmed or otherwise) you can't pay is one of worst things a person in that situation can do. Would you go out and buy a house for double what it is worth? That is what you are asking.
Why are you asking here and not calling your Chapter 7 lawyer? He has seen your file. We have not. We don't know if you did or did not sign a reaffirmation, if a discharge was granted, if your case is open or closed, and if they lifted the stay or not. He does know and actually already was required to discuss all these options with you.
If you sign on the loan modification, you will not be protected by the bankruptcy. When you sign a loan modification, you are resigning a contract with the mortgage company.
If the mortgage was discharged in you chapter 7 bankruptcy and your house is only worth half of what you owe, I highly suggest walking away from the house. You do not want to sign a contract that you cannot pay or do not intend to pay. If you sign another contract, you will be responsible for the debt.
If you were represented in your Chapter 7, I would highly suggest you contact your attorney.
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