Reopened Case, Tax Refund adding Mortgage

[azgirl]

Hi, I am new to the forum, but not to BK. Our Chap 7 was discharged in March 2008. We received a $3,500 tax refund last year, so the trustee reopened the case. It has not been closed yet (trustee is taking forever)and we are thinking about adding our home to the list of debtors and getting out from underneath it. We owe more than it's worth and since our credit is in the toilet already, we might as well wait the 4-5 years, rent and save as much as we can. Since the case is still open, can we just add the mortgage company. They were included in the original filing, but show us as paying as agreed on our credit report. If the home goes into foreclosure, can the mortgage company come back on us for the deficiency when they sell the home? Will the court look at any cash assets we have now or is it based on what we had when we filed?
Thanks!!

[HHM]

Umm, you should have listed your mortgage in your BK petition in the first place since you list all debts. Did you?

[azgirl]

Yes the house/mortgage was listed on our debtor list. In fact I still don't have online access to my account, because they never received Notice of Discharge...any other thoughts

[danaf]

If you already added it to your original petition there is no reason to add again. It's done already.

[HHM]

Yes the house/mortgage was listed on our debtor list. In fact I still don't have online access to my account, because they never received Notice of Discharge...any other thoughts

Then your fine...you don't need to do anything.

[Trixie007]

I wonder if the real question is whether you reaffirmed the mortgage? Obviously you listed them, but from what I've read it's only if you reaffirmed that you can be held responsible for the deficiency.