Legal Question in Bankruptcy in Massachusetts

Who is responsible for the house after Chapter 7?

I have filed Chapter 7 bankruptcy and been given a discharge. In the filing, I surrendered the house. I am still living in the house because the house has not been foreclosed on yet. The homeowners insurance will expire in another couple of weeks. If the house is not foreclosed on, even though I surrendered it in the bankruptcy filing, who is responsible if something should happen to the house or if someone gets hurt on the property after the homeowners insurance expires? In other words, do I have any further legal responsbility concerning this house now that I have a Chapter 7 discharge?


Asked on 8/16/08, 2:28 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Who is responsible for the house after Chapter 7?

Technically, you probably don't own the house already, and probably shouldn't be living in it. Around the country, there have been reports of bankruptcy debtors surrendering their homes and the banks taking forever to foreclose. Whether you have any legal responsibility is a difficult question, and can't be answered without a review of all of your bankruptcy papers. If you had an attorney in the bankruptcy case, go back to that attorney and ask for help. Otherwise, it would be a very good idea to see an attorney promptly. In some cases, the banks seem willing to make deals that could let you get the house back!

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Answered on 8/16/08, 2:51 pm


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