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Home > Money & Services > Mortgages   »   Do you file bankrupcty to clear debt after a forclosed house is sold

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Old Dec 15, 2007, 01:43 PM
santarosa3
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Do you file bankrupcty to clear debt after a forclosed house is sold

After for closure they sale the home then you are responsible for the difference between the sales price and the loan balance.
1. Do you then file bankrupt on that debt?
In colorado I understand that in a bankruptcy, income, (pension in this case) can be garnished at 25%.
2. Is this the same rate of garnishment of pension for a foreclose also?

3. If you need to file bankruptcy on other debts and are being foreclosed on your home, what do you do so you do not have a garnishment from both ? Pension is only
$ 750.00 per month?

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Old Dec 15, 2007, 01:49 PM   #2  
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Filing a bankruptcy will prevent your creditors from subjugating against you for any dischargable debts. I'm not sure about the remaining balance after a home is foreclosed and sold at auction. I don't know if the difference is considered a dischargable debt or not ; you'd have to ask an attorney. But unless you bought the house very recently and/or bought it with little or no down payment I'd find it hard to believe that the mortgage company wouldn't recover the outstanding principal left on the mortgage after foreclosing and selling the property. Either way, once you file bankruptcy your creditors cannot garnish your pension or accounts.
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