Contested Matter need advice asap

[my3monkeys]

Ok, here is the story. Had a house (was current on payments) and had a 100K second on the house. Plus, there was plenty of credit card debt. We were barely managing to make payments on everything every month. UNTIL, husband decides to make a baby with another woman and I filed for divorce.

The house was only in my name but the second was/is in both names.

I filed for Ch 7 July 2009. I can't remember exactly when I went before the trustee - no creditors showed up.

Received discharge on Oct 30, 2009.

Now, Wells Fargo (which took over Wachovia - the original issuer of the second mortgage) is filing a contested matter. They served me in late June with a notice of appearance and request for notices. In addition there is also a notice of hearing for a contested matter.

Then, in their motion for relief from the automatic stay, Wells Fargo "respectfully prays to the Court" that they be allowed to file a claim for any deficiency arising out of the foreclosure of the Real Property.

I tried to contact my attorney but since the bk has been discharged, he's non too instersted. He said there wasn't even a reason to appear since there is no defense to the motion.

I moved out of the house prior to filing the bk and it took the original lender forever to foreclose (in Feb).

If you're still with me, how can Wells Fargo come after me for this? It was listed and they were aware of it because they attempted to trick me in to reaffirming the debt.

Any ideas, comments, etc. would certainly help my blood pressure.

[MSbklawyer]

Ok, here is the story. Had a house (was current on payments) and had a 100K second on the house. Plus, there was plenty of credit card debt. We were barely managing to make payments on everything every month. UNTIL, husband decides to make a baby with another woman and I filed for divorce.

The house was only in my name but the second was/is in both names.

I filed for Ch 7 July 2009. I can't remember exactly when I went before the trustee - no creditors showed up.

Received discharge on Oct 30, 2009.

Now, Wells Fargo (which took over Wachovia - the original issuer of the second mortgage) is filing a contested matter. They served me in late June with a notice of appearance and request for notices. In addition there is also a notice of hearing for a contested matter.

Then, in their motion for relief from the automatic stay, Wells Fargo "respectfully prays to the Court" that they be allowed to file a claim for any deficiency arising out of the foreclosure of the Real Property.

I tried to contact my attorney but since the bk has been discharged, he's non too instersted. He said there wasn't even a reason to appear since there is no defense to the motion.

I moved out of the house prior to filing the bk and it took the original lender forever to foreclose (in Feb).

If you're still with me, how can Wells Fargo come after me for this? It was listed and they were aware of it because they attempted to trick me in to reaffirming the debt.

Any ideas, comments, etc. would certainly help my blood pressure.

I don't think they're trying to come after you personally for the deficiency. Your liability for the deficiency is discharged. And it doesn't make sense that they are trying to get relief from the stay -- because there is no more stay. It's gone. It's now a discharge.

But if they were trying to come after you personally, I think they would be trying to have the discharge revoked.

[my3monkeys]

Thank you for your reply. Why would they be trying to get the discharge revoked? What reasons are they revoked for?

I appreciate your help

[MSbklawyer]

Thank you for your reply. Why would they be trying to get the discharge revoked? What reasons are they revoked for?

I appreciate your help

ARE they trying to get the discharge revoked? I wasn't suggesting that they are trying to revoke the discharge. What I meant was, that if they were trying to come after you personally for the deficiency, that a revocation of the discharge would be the proper procedure to do that.

Revocations of discharge are exceedingly uncommon and usually involve some sort of serious fraud by the debtor in obtaining the discharge in the first place. Again, I'm not suggesting that's what's going on here.

I am still puzzled about why they are filing a motion for relief from stay post-discharge. That doesn't quite make sense.

[newbie2]

Are you sure your bankruptcy was discharged and not dismissed? This makes no sense at all. The lender should know that to try and collect a deficiency balance after discharge would be a violation of the bk rules.

If this was me I would pick up the phone and call the plaintiffs attorney myself and ask them if they need a copy of your discharge. (Something could have fallen through the cracks...)

[my3monkeys]

Just to make sure I'm not losing what little bit of sanity I still have, I am looking right at my discharge. It is definitely a discharge.

There is one wonky aspect to my bk. I am due to inherit proceeds from a great aunt's farm which cant be sold until 2012. So I think the trustee is keeping the case open (even though I have a discharge) so she can take the money when the farm is sold. I know that money is gone - I probably deserved it.

However, I don't see how they can come after me after a discharge. They had their chance at the 341, didn't they. The legal heading on one part of the legal doc they sent me say Contested Matter. I'm in GA if that helps. What the heck is a Contested Matter?

Thanks for the reliies up to now.

[keepmine]

Just based on what you're posting, I'm guessing that since you're an asset case the lender is filing a claim against the assetthat's to be sold.
Were I you, I'd schedule an appointment with your bk lawyer and pay his consultation fee and find out for sure what's happening.