0
If your house was auctioned off to cover your bankruptcy and sold for more than the amount owed should you get the difference?
Wiki User
∙ 15y ago
You should get the difference less any outstanding tax liens, fees and costs associated with the foreclosure. In a normal foreclosure the above is true...any excess above the total amount of accrued interest, fees, principal, costs, etc for the bank to foreclose, is yours. If it isn't enough (a deficiency), you still owe the balance. However in BK the excess if any is going to be used first to pay off any other creditors. (BK involves everything you owe and everything you own, proceeds from selling assets get used to pay off debts/liabilities). On the other hand, any deficiency is then discharged. In this case, if all your other debts are more than the amount raised from selling the assets, that amount would be discharged. The mortgage lender in this case won't be getting any part discharged as he will be paid in full. He has first call up to the amount described above, on the proceeds from the secured property.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
You surrendered your home in a chapter 7 bankruptcy It has been sitting empty for 2 plus years It is not even for sale Is it possible to repurchase your home?
YES. Most likely what happened is the bankruptcy trustee auctioned the residence to somebody who is holding it till they can get a better resale price on the market. Find the owner of record and contact them or their agent for real estate. If the bankruptcy trustee has not auctioned the residence yet, then the bankruptcy procedure might not be complete and they probably are waiting till some time in the near future when the residence can be auctioned for more than the bankruptcy exemption value (which the bankruptcy trustee should provide to you upon sale of that asset). A bankruptcy trustee should not have reservations about reselling an asset back to the bankrupt person, but it would be a cash sale for some amount (determined by the trustee) in excess of the exemption figure (set by state regulation). If your bankruptcy procedure has been completed officially, and the residence has not been auctioned by the court yet, then there may be some legal problem with the handling of your bankruptcy and you might inquire with the court about the disposition of the residence in that bankruptcy case (if the bankruptcy trustee was wrong to take the residence for auction, then that decision might be changed).
When should one file for bankruptcy?
One should file for bankruptcy when ones amount of debt is so overwhelming and the calls from creditors just won't stop. Basically when your at ones end financially. But one should consult the proper bankruptcy company to discuss all ones options.
How soon after receiving a settlement from an accident can you file bankruptcy?
This will be considered an asset. You cannot file bankruptcy if you have a number of assets that can be used to pay your creditors. Depending on the amount of the settlement, you should wait years to file bankruptcy.
Should you consider refinancing if your only other option is bankruptcy?
That would be dependent on the amount of debt you have accrued that you think qualifies you for bankruptcy. Refinancing is of course possible, and may allow you to pay off all of your debts at once, depending on the amount you owe. You should contact a professional with options.
Can a creditor open a new account for the difference of the original loan verses the agreed amount owed through a bankruptcy?
I should think they can change account numbers, even sell it to nother company that identifies it differently in any way, as long as the terms/amount aren't changed.
If you declared bankruptcy can a creditor continue to mark your report as a charge off even after the date of your bankruptcy?
The account will or should be changed to read "included in bankruptcy". It will still however remain on the report until the seven year time limit expires. However, the account is charged off for the amount that wasn't collected and reporting that would be proper too. (Charge off is how the creditor reflects that you didn't pay and he had a loss on the account...that it was by bankruptcy makes no difference...actually worse).
File a claim in bankruptcy court?
You should always confirm your claim by filing a claim form with the bankruptcy court. It confirms the amount you're owed. If the amount differs from the amount that the company has on file, you may need an attorney at some point, because if the company contests or disagrees with your claim, the company could submit to the court to wipe out the entire amount or partial amount.
Should a Christian file bankruptcy?
Filing bankruptcy has no affiliation with religion. If filing bankruptcy is he best financial options available, then you should do it.
How long should you keep bankruptcy paperwork?
Paperwork relating to the bankruptcy should be kept until at least the bankruptcy is off your credit report.
Bankruptcy attorneys should do their work pro bono.?
Bankruptcy attorneys should do their work pro bono.
I filed bankruptcy on the entire amount owed on my home will my ex only be reliable for half of what was owed since i filed on the entire amount owed?
Yes, Your ex should have the responsible for the half of what was owed.
Can you hold your passport after you get declared bankruptcy?
A bankruptcy filing or discharge in bankruptcy should not have any effect on your US passport.
