Ch 7 discharged, no reaffirmation on house

[madyoungpoor]

My no asset chapter 7 was just discharged. This was a no asset case. My lawyer has been horrible about answering my questions. He never calls me back and I've only spoken to him a total of 3 times.
My house was not re-affirmed, but I did get a letter informing me that if I wish to reside here I must keep making payments. What happens if I'm 30 days late? Do they give me the boot? If I am late and then make a payment in full will the lender accept it?
I get a hefty tax refund, how do I know if the trustee wants it? Same with my non-exempt assets?
Will I get any documentation or court orders or something?

[LadyInTheRed]

If you are late on mortgage payments, the lien holder can foreclose. You don't have personal liability for the debt, so a late pay and foreclosure shouldn't show up on your credit report. It's up to the lender whether to accept a late payment. I would think they'd rather have you pay the overdue amount plus penalties and then continue paying, than to foreclose. But the actions of banks don't always seem to make sense.

You should get a copy of the order for discharge in the mail.

I'll let somebody with more Chap 7 knowledge answer your other questions. I'm afraid I may get something wrong. But, one thing does seem inconsistent and clearing it up may help others answer your questions. You say your case is a no asset case but ask about non-exempt assets. Did the trustee abandon the non-exempt assets?

[tcreegan]

trustee report

Hello madyoungpoor,

The house question is strictly up to your lender. Ask them what they are going to do.

For the tax refund, non-exempt assets, no-asset case contradiction, you need to go to PACER and look for the trustees report. A report of "no distribution" or "intent to abandon assets" means the trustee isn't coming for anything. A report asking creditors to file a claim means the trustee has something (or plans to have something) to give back to the creditors. If your lawyer is incommunicado, PACER is your best friend.

Good luck with it all,

Tom in Colo