[slvrtrixter]

In Dec.2008 I received a chapter 7 discharge for bankruptcy of credit card debt and debt of a mortgage of a house in WI. The sheriff served me Feb. 21 2009 with a court summons regarding the foreclosure of the house. Do I hire an attorney to write a letter about the bankruptcy to respond? The keys were turned over in Oct and premises vacated. Is this normal procedure? Who pays the 2008 taxes? Thanks

[George_1950]

Make certain the 'grantee/mortgagee' was listed as a creditor, name and address, on your petition. Same for the real estate taxes (tax commissioner, or whomever). As for any contact by creditors and their agents, just send (mail or fax) a copy of your discharge and the master list of creditors, to prove you listed the creditor with the correct address.

[Fr_Chuck]

You included the home in your bankruptcy, so the court would have sold the home at auction to cover the debts before the final discharge

You would appear in court on this, and show that the home was included and disposed of during the bankruptcy

You are liable for the taxes for the time you were still owner of the home.

When did the bankrutpc court sell the house ( and if they did, who bought it, the lender? )

[slvrtrixter]

No creditors show up in Oct. 2008 at the meeting of creditors but Nov I received a motion of wells fargo bank, n.a. for relief from the automatic stay pursuant to section 362(d) wi of bankruptcy code. My attorney said to do nothing. I received a discharge in Dec. I still am getting mortgage request payment notices and 2008 tax bill. This summons from the court indicates my name is on the loan and property. Do I stay with the same lawyer to write a letter to the court? Am I going to debtor's prison?

[George_1950]

There is no debtor's prison. And, creditors do not have to show-up for the meeting of creditors. The motion for relief is standard procedure for the mortgagee to be able to foreclose; the mortgagee is requesting that the stay be lifted to sell the home in accordance with state law. Your discharge protects you from any further monetary liability on the promissory note, or a money judgement. You should not be receiving bills or payment notices, so contact your attorney about that. The tax issue is in a 'gray' area: did you list the taxing authority on your list of creditors and the appropriate schedule?

[slvrtrixter]

This summons is a lawsuit from wells fargo to ask the court for a judgement to sell the property in foreclosure. They also want principal, interest, taxes, insurance costs of suits and attorney fees. My bankruptcy attorney says not to respond. But who pays all this? My chapter 7 covered the mortgage principal only. One of the demands states "That the plaintiff hereby waives judgment for any deficiency against every party who is personally liable for the debt secured by the mortgage and that the plaintiff have such other and further judgment order or relieg as may be just and equitable." The property is worth little because ground water has flooded it since June 2008. I am poor. I think I already owe Wells 5,000 from the relief from automatic stay in Nov. order. Any answers?

[George_1950]

... One of the demands states "That the plaintiff hereby waives judgment for any deficiency against every party who is personally liable for the debt secured by the mortgage and that the plaintiff have such other and further judgment order or relieg as may be just and equitable." ....

This clause indicates that the plaintiff wants only authority to sell the property, and is not pursuing a personal judgement against you, which would be a violation of the automatic stay.

You can file your own answer: the original goes to the court and mail a copy to the attorney for the plaintiff. Attach a copy of the list of creditors, the Section 341 Meeting Notice, and the Discharge. Send another copy to the bankruptcy clerk.

The bankruptcy discharge discharges all debts of a creditor that are properly scheduled and notified.