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Discharged from Chapter 7 bk and just received civil summons

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    #1

    Discharged from Chapter 7 bk and just received civil summons

    Hi! Question...My husband and I filed for Chapter 7 bankruptcy a year ago and was discharged. We listed our home in the bankruptcy. Today we received a Civil Summons (Alias) from Countrywide Home Loans...which was our mortgager at the time. In the summons it states that we have 20 days to file a written defense made by either us or our lawyer before judgement by default is taken against us. I am really not sure what to do or even what this is. I thought that after you filed Chapter 7 you couldn't be sued for the balances owed? Need insight desperately! Thanks!
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    #2
    If I understand the process correctly, you would just send them a copy of the discharge papers... It was listed and forfeited right?
    -------
    Converted to Chap 13 from Chap 7 Feb 28
    341 April 16...

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      #3
      Wow, that just does NOT sound right. No way can they legally come after you for a debt that was discharged in your BK. I know our attorney told us to let him know right away if anyone ever trys to come after us for a debt that was included in our bk (he said the old debts are sometimes sold off even after they've been discharged in bk). I would contact your attorney if I were you.
      Filed 8/2009
      Discharged & Closed 11/2009
      Now the rebuilding begins....

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        #4
        An alias summons is a copy of an original not served for not finding the person.

        No doubt they may have some account number on this. find it and call them as to what is is about. Dates are important so get any info you can. It probably crossed. Did you give up your home, reaffirm, give it back, what?

        More info needed but in any case, answer that summons. THAT IS important. More info. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Yes we did file the home in our bankruptcy and yes we did forfeit it. We have been trying to get a hold of our lawyer but he has been in court all day...so we are just going to keep trying. Here is a thought....on this summons it says it is from BAC Home Loans Servicing, L.P. fka and then underneath it it says Countrywide Home Loans Servicing, L.P.

          Do you think maybe the loan got sold to this BAC and maybe they are unaware that we filed Chapter 7 and the debt has been discharged?

          Comment

            #6
            Originally posted by jracarter View Post
            Yes we did file the home in our bankruptcy and yes we did forfeit it. We have been trying to get a hold of our lawyer but he has been in court all day...so we are just going to keep trying. Here is a thought....on this summons it says it is from BAC Home Loans Servicing, L.P. fka and then underneath it it says Countrywide Home Loans Servicing, L.P.

            Do you think maybe the loan got sold to this BAC and maybe they are unaware that we filed Chapter 7 and the debt has been discharged?
            Very possible.
            Filed 8/2009
            Discharged & Closed 11/2009
            Now the rebuilding begins....

            Comment

              #7
              Originally posted by jracarter View Post
              Yes we did file the home in our bankruptcy and yes we did forfeit it. We have been trying to get a hold of our lawyer but he has been in court all day...so we are just going to keep trying. Here is a thought....on this summons it says it is from BAC Home Loans Servicing, L.P. fka and then underneath it it says Countrywide Home Loans Servicing, L.P.

              Do you think maybe the loan got sold to this BAC and maybe they are unaware that we filed Chapter 7 and the debt has been discharged?
              Yep its possible.

              Lot of bottom feeders out there.

              First respond to the summons. In the response note that the debt in question was discharged by bk case #xxxxxx, filed on date xxxx, in district xxxx, and discharged on date xxxxx and closed on date xxxx. That you are fully aware that this is an attempt to collect a debt that was discharged by the court and thus a violation of your rights.

              Attach a copy of your discharge letter, you might also include a copy of the creditors matrix.

              However yeah your lawyer might be interested in this, as this is a big violation.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment

                #8
                BAC is Bank of America. They took over your (and my) mortgage when they bought out Countrywide.

                I have received some bizarre correspondence from them as well. I just keep making the payments and forwarding their mail over to the Lawyers office.
                Last edited by Chowder; 08-20-2009, 12:50 PM. Reason: .
                No Asset 7 closed 11/09

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                  #9
                  I'd say let them get a default judgment first then have your attorney raise hell! You'd probably get more from them that way.
                  Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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