I need to know what to do about a Chapter 7 in which I gave back the house but the city is going after me for code violations?

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I need to know what to do about a Chapter 7 in which I gave back the house but the city is going after me for code violations?

I need to know what I must do to get the house that I gave back out of my name; I don’t even live in that state anymore. I lost my job and could not pay for the house or repairs and upkeep. I never knew that the city would be coming after me for any code violations etc. When I started having the problems with the city I called my former bankruptcy attorney and she said that the bank has up to 6 months from the time of the discharge to put it up for sheriff’s sale or do whatever they were going to do with the house. I went on-line the other day and found out that the house was already up for sale.

Asked on August 8, 2012 under Bankruptcy Law, Wisconsin

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

You are technically responsible for the code violations until the title to the house transfers, either to the lender or a third party.

Since you were unaware of the violations, I assume that the city was never informed of the bankruptcy.  Technically, you can not discharge civil or criminal penalties.  However, in my practice, I have found that be sending notice of the bankruptcy to the city will cease collection efforts.  Whether it helps your credit report is a different matter.

The fact that you are out of state and no longer residing there is irrelevant.


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