Legal Question in Bankruptcy in Georgia
Forclosed after filing chapter 13 twice
I filed chapter 13 in 2001. I got behind in my payments again and filed a second time in 2003. I owed $84,000 on the home. The house sold the same day the foreclosure took effect. The house sold for $104,000. The bank refused to pay off any arrears on the home and I still paid bankruptcy payments, even after foreclosure. I had other items included in my chapter 13, but I still was paying off my arrears from the house too. Question:1)Can I claim any monies left after the foreclosure sale? 2)Does the money go towards satisfying the $84,000 + arrears? 3)Why am I still paying arrears and the court did not make adjustments?
1 Answer from Attorneys
Re: Forclosed after filing chapter 13 twice
I assume the first case was dismissed. Regarding the sale of the house the same day as foreclosure, I would need more information to provide an answer. Please feel free to contact me at 770-396-4323. I may be in the office tomorrow but if I am not, leave a message and I will return call.
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