Matlacha Isles, FL Bankruptcy Law Firms & Lawyers

Your question doesn't make any sense.  If a debt is discharged in bankruptcy the legal obligation to pay it is removed .  If you are referring to a specific debt that is personally guaranteed (such as certain student loan debts) those might be paid by the guarantor. Hope that answers whatever question you were asking. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.                                                                                                                                                                            

You have many good questions and the answers are complicated. First, all debts must be listed in a bankruptcy case. There is no such thing as not including a debt, mortgage or property in a case. Once you get a discharge of your debts, including the note for the mortgage, you do not owe them any money and payments cannot be listed on the credit report because you don't owe them any money. All the bank has now is a claim against the property that was pledged as security they cannot look to the maker(s) of the promissory note for payment nor include information about a discharged debt on a credit report. In the Southern District of Florida you would be allowed to reinstate the mortgage, assuming you could make the appropriate payments, in a Chapter 13 case. This is true even if you just finished a chapter 7 case, you just might not be entitled to a discharge of any debt. In addition, there is a Mortgage Modification program which is now beginning in our courts which might help a number of people get modifications where really needed. The way you stand right now is that the lender can only look to the property to be paid and can never look to you or your husband(assuming the debt was discharged and not reaffirmed). So if you both passed, there would be no liability by either of your estates, but the lender could sell the property to satisfy the lien/mortgage it holds on the property.

Question: Can I quit my job to file bankruptcy if my employer promises me the job back afterwards? *- that stinks of trying to defraud the bankruptcy court; I'm not sure I'd recommend taking that action * Question Detail: I mentioned to my boss and he asked when I would want to take it over again. *- your last six months of income from the immediate 6 month period preceding the month of filing are what the court looks at to determine eligibility under the MEANS TEST for a Chapter 7; not having any income would DEFINITELY hurt you if you wanted to file a Chapter 13 because you'd have no disposable monthly income to support a confirmable plan. *