answersLogoWhite

0


Best Answer

A home is not discharged in bankruptcy. The mortgage(s) and home equity loans, lines of credit, etc., are discharged, but you have to abandon the real estate in the bankruptcy. That means the mortgagee can go ahead with a foreclosure if there was none before the filing, once the Chapter 7 is closed. Chances are the mortgagee would ask for relief from stay to go ahead with the foreclosure. The trustee may get any excess from the sale, unless it was exempted.

User Avatar

Wiki User

13y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Is foreclosure done quicker if home has been discharged in bankruptcy?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Does a timeshare foreclosure hurt your credit after a bankruptcy has been discharged?

Any foreclosure or bankruptcy affects your credit. And for anywhere from 7 -10 years.


Can you include your home in a bankruptcy after the bankruptcy has already been discharged?

No.


Is there a time limit for banks to foreclose on your home after filing bankruptcy been discharged?

The bankruptcy law does not set a time limit for banks to foreclose on your home after filing bankruptcy. In fact, banks are prevented from foreclosing or continuing a foreclosure already in process upon the filing of a bankruptcy without first obtaining an order from the bankruptcy court allowing it to foreclose or continue a foreclosure already commenced.


What happen if you file bankruptcy and have not been discharged and buy a car and have it finance?

If you file bankruptcy and you have not been discharged the car that you buy can be used to finance it.


Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?

No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.


If your bankruptcy has been discharged but your house is still in your name do you still have to pay back taxes?

A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.


How do you find out if your bankruptcy has been discharged?

Call the attorney or company that handled your bankruptcy.


Can you reinstate a mortgage after it has been discharged in bankruptcy?

Not sure but I dont think so


How credit union collect bankruptcy loan that discharged?

If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.


I have just been discharged in a Chapter 7 Bankruptcy what does that mean?

The case, that you asked for, has been completed and resolved.


Can the IRS come after you when the taxes were discharged in a Chapter 7 two years later?

The question is NOT whether taxes are dischargeable in a bankruptcy. The question that has been asked is whether the IRS can still pursue you for taxes that were discharged in a bankruptcy (which would obviously confirm that some taxes are dischargeable in specific circumstances).If your taxes were discharged in a bankruptcy, the IRS cannot come after you for those taxes after the bankruptcy has been discharged. If they are doing so, they probably did not enter them as discharged correctly on their computer system.To correct this, you should call IRS collections and explain to them that the taxes should have been discharged in your bankruptcy. Ask them to send a referral to the IRS Insolvency Unit, and the Insolvency Unit will be able to pull the bankruptcy records and confirm what should have been discharged.Note that any liens that were filed before the bankruptcy will survive the discharge process. So, although the IRS debt has been discharged a lien may continue to exist. This lien only attaches to equity that was exempted in the bankruptcy process (so if you had $20,000 of equity in your home that you exempted under bankruptcy homestead exemption, the lien continues to attach to that equity). It does NOT attach to any equity that builds in your assets after the filing of your bankruptcy petition.


If you have already filed bankruptcy but have not been to your hearing yet can you add a medical bill that has just happened to the bankruptcy?

No, only pre-petition debts may be discharged in a bankruptcy.