Legal Question in Bankruptcy in Georgia

If I have surrendered a house when I filed bankruptcy, but now the bankruptcy has been dismissed because of my failure to make payments, what can the mortgage company of the surrendered house legally do to collect my debt?


Asked on 2/23/10, 1:17 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

That is not a Bankruptcy law question. If there is no BR case, they can sue, get a deficiency judgment, garnish accounts and wages - just as if the BR case had never been filed.

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Answered on 2/28/10, 1:21 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It sounds like you were in a chapter 13. If so, they would likely be free to sue you, attach your wages and bank account, and seize your car and other assets.

You might be able to stop this via a new 13, or a Chapter 7, if your are eligible. Call me with details to see if you are eligible.

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Answered on 2/28/10, 5:20 pm


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