Berkeley, CA Bankruptcy Law Firms & Lawyers

Creditors whose debts have discharged may not pursue the debt further. You can assume a debt was discharged if you listed it in your bankruptcy papers, the creditor didn't successfully object to its discharge, and it doesn't fall within one of the nondischargeable categories (credit card debt usually doesn't). If a creditor tries to collect a debt that clearly was discharged in your bankruptcy, you should respond at once with a letter, pointing out their collection efforts violate federal law, 11 U.S.C. 524. If the collection efforts don't immediately stop, you'll likely need the assistance of a lawyer to write the creditor again and, if that doesn't work, to sue the creditor for harassment.

It is very likely but it will depend on how fast the landlord moves to obtain permission from the bankruptcy court to proceed with the eviction and how fast the Sheriff executes the eviction order after that.

You have a few options. Much depends on the value of your house. If it is worth less than what you owe on the first mortgage, you may be able to avoid the lien of the 2nd mortgage, and "strip off" the mortgage in a Chapter 13 bankruptcy, which is a 3-5 year payment plan. Or, you could file Chapter 7. It depends on your whole financial situations, and your goals. You are best served by calling and setting up a free consultation with an experienced Bankruptcy attorney to discuss your best options.