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If you reaffirmed the debt during your bankruptcy case, or if you signed new mortgage/note paperwork after your bankruptcy, then they CAN generally come after you for a deficiency balance if the home does not sell for enough to pay off the debt. If you did NOT reaffirm the debt during the bankruptcy case, or did NOT sign any new notes afterwards, then they usually can NOT come after you for any deficiency balance from a foreclosure sale afterwards. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

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2007-05-19 16:41:45
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Q: You filed chapter 7 bankruptcy 3 years ago If you foreclose now on your house can they still come after you for money after a auction?
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If you filed a Chapter 13 in California and now live in Texas can you dismiss that case and file a Chapter 7?

No. Bankruptcy is not a state governed court. All bankruptcies are filed in Federal Courts. Once the Court has made a ruling it will stand. The judgment is valid in All 50 States. Sorry. Yes. Many states have opted out of federal bankruptcy filing, some states allow the petitioner to choose whether they want to file a state or a federal bankruptcy. The best choice obviously is the one that is most advantageous for the petitioner. A chapter 13 can be converted into a chapter 7 if the BK petitioner can show the trustee that they cannot meet the requirements for the original 13 filing, regardless if it is a state or federal filing. Because of the strict exemptions allowed in a Chapter 7, it would be prudent to seek legal counsel before taking any action.

How many points does chapter 7 bankruptcy take off your FICO score?

A LOT, but how much your score dives also depends on how high or low your scores were before you filed. Because the FICO scoring model is top-secret, there is no way to know EXACTLY how many points you will lose and because there are so many factors that determine your score.

If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?

Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.

After you have filed for bankruptcy can you change your mind and quit?

If it is done and over, the final paperwork has been signed, then you cannot back out. What is done, is done. Take this opportunity to do better with money from now on and your credit will repair after the 7 years.

Which state has the least civil lawsuits filed?


Related questions

Can they foreclose on a home filed under chapter 7 bankruptcy?

It will, at most, briefly delay the process.

If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?


Has testa corp filed chapter 11?

Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.

Has bachrach filed for bankruptcy?

Yes, on May 6th, 2009, Bachrach LLC filed chapter 11 bankruptcy protection.

When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2000 under old bankruptcy laws?


Can you declare bankruptcy now that your first bankruptcy is discharged?

It depends on the chapter you filed under. If you filed under Chapter 7, you have to wait 8 years before filing again. If you filed under Chapter 13, you only have to wait four years.

When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2003?


How do you file a voluntary dismissal of a chapter 7 bankruptcy?

You can have your Chapter 7 claim dismissed as long as the dismissal will not harm your creditors. This is filed with the court in much the same way as when you initially filed for chapter 7 bankruptcy

Can you file chapter 7 again if you filed bankruptcy in 2001?

my chapter 7 bankruptcy discharged Jan 2002 when can i apply again

Can a judgment be made on a person who has filed chapter 7 bankruptcy?


How does a client get their money back if the business files for bankruptcy?

It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.

If you filed bankruptcy last month when are you eligible to file bankruptcy again?

A Chapter 7 can be filed again eight (8) years after the discharge. A Chapter 13, can be filed four (4) years after the discharge of a Chapter 7, 11 or 12; and two (2) years after the discharge of a previous Chapter 13.

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