What to do if we were discharged in bankruptcy 5 years ago and a piece of real estate was included but now the bank is coming after us for the defaulted loan?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if we were discharged in bankruptcy 5 years ago and a piece of real estate was included but now the bank is coming after us for the defaulted loan?

There is a default judgment hearing on the 28th. How do we respond to this? Evidently they don’t know we have declared bankruptcy.

Asked on March 15, 2013 under Bankruptcy Law, Kansas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ideally, you need to have your bankruptcy attorney send the creditor copies of the bankruptcy paperwork.  Based on what you describe, they should be barred from their current collection efforts-- but you do need to take steps to notify them.  The best person to help you is your bankruptcy attorney.  If you cannot get your bankruptcy attorney on board before your hearing, make sure that you appear with the paperwork and request a continuance with the court until you can find an attorney to help you asset the defenses listed in your question, namely that this debt has already been discharged.

You also mention this is set for a "default hearing".  If you have not already filed a general answer, then you need to do so to prevent a default judgment from being entered against you.  Copy the heading of the petition they filed, but change the title to "general answer" and below it write a statement to the effect that you are entering a general denial to all of the plaintiff's allegations.  This isn't the best answer, but it's a basic answer to stay off a default judgment until you can find an attorney to file a more specific answer with your defenses properly listed-- which you really need to do based on the facts that you describe.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption