If I am receiving a bill for something that was discharged in a Chapter 7 bankruptcy, do I have to pay it?

Discharged in 21months ago; house foreclosed on 17 months ago. Second mortgage company is sending me a bill. Am I protected?

Asked on July 7, 2012 under Bankruptcy Law, Colorado


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

The question you pose is fact dependent.  Was the debt with the second mortgage company reaffirmed in the bankruptcy proceeding?  If so, you would still have liability.  Was the creditor listed on schedule D of your petition as a secured creditor?  If not, the debt may survive the bankruptcy as they were not put on notice.

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