Boonville, NY Bankruptcy Law Firms & Lawyers

FOR WEST VIRGINIA ONLY: You should speak with a bankruptcy lawyer about filing a bankruptcy petition and requesting return of those monies. Any bank account in your name is vulnerable to garnishment in West Virginia. There are Federal limits on garnishment of wages but not bank accounts.

If the loan was discharged in bankruptcy, you aren't personally liable for the debt any longer, but the deed of trust against the property remains, and if you quit making mortgage payments, the lender can foreclose and take the property. If you sell or refinance the property, thus paying off the lender, the lender will be happy and so will you. If you quit making payments, the lender can foreclose and get the property from you, but nothing else. Hope this answered your question.

Some context to your question certainly would allow me to answer your question with more accuracy. Was this a debt you owed at the time you filed bankruptcy? If so, then you can respond to the lawsuit by citing to In Re Beezley, which holds that omitting a creditor from a bankruptcy is unimportant, provided that the Chapter 7 was a ?no asset? case and creditors received no payment from the bankruptcy trustee. If this lawsuit is a result of a matter that occurred after your bankruptcy, you cannot rely on your 2010 bankruptcy to protect you from financial obligations that occurred after your bankruptcy was filed. You are not currently eligible to receive another Chapter 7 discharge and your only option in bankruptcy would be to participate in a payment plan such as Chapter 13.