After Chapter 7 Discharge Questions

What is the name of your state?What is the name of your state? Ohio

I filed Chapter 7 in March and just received the discharge today. There are a couple of unresolved issues and I keep getting different answers depending on who I talk to at the firm (every time you call you get someone different).

First, included in the bankruptcy was a modular home that is in a mobile home park. I vacated the home in late March and notified the mobile home park. I was on a month-to-month lease there and had them turn off the water supply while I had the gas and electric turned off. I paid the lot rent through May and on advice of the attorneys stopped in June. The mobile home park has continued to send lot rent bills (including water, sewer and trash which are not being used) to the old address though I gave them my new address.

The mortgage company applied for a relief from stay at the beginning of May that was granted. They have sent me several certified letters regarding the home stating they had to go through this notification process though I let them know I was willing to voluntarily give the home up. The home was to be sold at auction July 6th. Upon advice of one of the attorneys, I terminated homeowners insurance on July 16th and have subsequently received a letter from the mortgage company telling me I couldn't do that. The lawyer had me call and explain to them that I could no longer afford the coverage.

Meanwhile, the personal property tax on the home came due (was included in the bankruptcy too) and I recently received a letter giving me until August 2 to pay the first half. When I called the auditor's office, they indicated that the property taxes followed the home and that the mortgage company had not filed a change in ownership...I'm still listed as the owner.

Now that I have received the discharge, what is my obligation to the mobile home park for lot rent? to the mortgage company in terms of homeowners insurance? and to the county auditor for personal property tax? Further, when should I expect the mortgage company to assume ownership of the home and get it out of my name?

Second, I also gave up a car in the bankruptcy. The credit union filed for a relief from stay that was granted in June. I voluntarily returned the vehicle to them. They sold it for approximately half of what was owed and are continuing to report that balance as past due. When will it be reported as zeroed out due to the bankruptcy discharge?

Further, on the discharge papers, it listed that there were two creditors who hadn't been notified due to insufficient addresses. The two creditors were the mortgage company and the credit union. What should I do about this?

Any suggestions relating to these issues would be greatly appreciated.

[Ladynred]

If the credit union filed for a relief from stay, and so did the mortgage company, then they certainly DO know about the bK, I wouldn't worry about that part.

Give the credit reports 60-90 days to be updated. If by the end of 90 days they are not reporting as included in bankruptcy, start the dispute process -for ALL that are not reported as IIB.

If you included the property taxes in your BK, then the assessor cannot dunn you for taxes, they're breaking the law violating the injunction of the discharge.
Did you include the landlord in your BK ?? You moved out, the bank filed for relief from stay to take possession and foreclose. The lot rent, insurance and taxes are THEIR worry now, not yours.

Originally Posted by Ladynred

If the credit union filed for a relief from stay, and so did the mortgage company, then they certainly DO know about the bK, I wouldn't worry about that part.

Give the credit reports 60-90 days to be updated. If by the end of 90 days they are not reporting as included in bankruptcy, start the dispute process -for ALL that are not reported as IIB.

If you included the property taxes in your BK, then the assessor cannot dunn you for taxes, they're breaking the law violating the injunction of the discharge.
Did you include the landlord in your BK ?? You moved out, the bank filed for relief from stay to take possession and foreclose. The lot rent, insurance and taxes are THEIR worry now, not yours.

Thank you so much Ladynred! You've been a lifesaver to me throughout this whole ordeal! I will request a credit report in 60-90 days as you suggested.

I did include the taxes in the bk. Here in Ohio, taxes on a modular home that's in a mobile home park rather than on land you own, is taxed as personal property tax. I wasn't sure if that made a difference. According to what the County Auditor told me, the taxes go with the modular home so I'm going to assume that it is taken care of through the bankruptcy. Is this a correct assumption?

I also listed the mobile home park as a creditor on the bankruptcy for the amount of one month's rent, though the lot rent and fees went up effective June 1st. As I said in my posting, I was on a month to month lease and they did have a deposit on file of $224 that they kept. When I filed the bk in mid-March I was current on the lot rent and the attorney had told me that I was obligated to stay current even though I moved out of the mobile home park and into an apartment at the end of March and had the utilities all shut off in April. So, I did pay April and May's lot rent.

At the 341 hearing in May, a different attorney from the firm (I hired a big firm that specializes in bk's which is why I think I keep getting conflicting answers) who came to that hearing told me that I no longer had to continue paying the lot rent, so I did not pay June and July. When I continued to get lot rent statements, I called the firm and another attorney there indicated that there was a possibility that I might be responsible for the lot rent until the mortgage company assumed ownership. I did inform the mortgage company by phone that I was no longer paying the lot rent, that I'd had the utilities turned off, and I mailed them all the keys to the home.