Legal Question in Bankruptcy in Texas
We filed for chapter 7 almost 10 yrs ago and now I am receiving mail saying I have to make payments to clear the debt On our house.. I don't understand why or how this can happen. The letters are coming from a Green Tree LLC. Any help in this would be appreciated. Thanks
4 Answers from Attorneys
I really need additional information. Did you surrender your house in the bankruptcy? Did Green Tree purchase the debt?
There are far too many variables to answer in this forum. You might contact your original attorney.
I would be interested in speaking with you about this. It appears that the actions of Green Tree are questionable. I assume you reside at the property you are referring to. You can visit our website at www.northtexasdebtfreedom.com
Before making any payments to Green Tree, you need to discuss this with the attorney who filed the original bankruptcy.
Normally in a 7, you give up all your nonexempt assets in exchange for a discharge of your debt. If the debt was discharged you don't owe it. In fact, it is against the law to try to collect a debt discharged in bankruptcy. If the house was your homestead and was paid for, it is an exempt asset. However, it the case was dismissed, there is no discharge of debt.
If the house was your homestead but you still owed money on it, you may have not listed the mortgage debt or you may have reaffirmed the debt.
If you can't reach your attorney, you need to provide the order discharging your case so someone can help you..
If you surrendered the house in the chapter 7 or if you still live in it are questions that need to be answered before the question can be answered http://abc27talkback.com
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