I Live In Before 2 Yrs And Fla. I Got A Release On My Bankruptcy And I Keep Getting Letters From My Bank (Bank Of Am

[tearley4]

I reside in Fla. and two years prior to I got a discharge on my bankruptcy and I maintain obtaining letters from my bank(Bank of Am.) declaring: Our records indicate that previously you obtained a discharge of this debt in a bankruptcy situation. Section 524 of the Bankruptcy Code tells us the dischargeof this debt implies you have no obligation to settle it. You are also protected by the discharge from any efforts by any individual to accumulate this debt as a personal liability of the debtor. My question is could I just walk away from this debt from the bank and just allow bank go on it back? What other alternatives do I've?

[Lawly]

I just believed of one thing else as a result of considering more on the wording of your question. I notice that this bank uses the words "individual-obligation" and "personal-liability" and at the end you asked, "....and just let the bank take it back?""Individual-whatever" signifies they can not hold YOU PERSONALLY responsible, they can't garnish your wages....etc. But, do you personal a organization, or like DanZee asked, some house that is what this bank-loan was for? If so it may imply that they have discovered a way to pull this enterprise or property back. But the true odd factor is is that it's been two years, correct?I mean I no doubt they WOULD extremely much like to regain ownership of any property you hold no matter whether it is in relation to what you owed them or not. So, I'd truly say that you need to have to see your lawyer once again about this particular loan....or go to a diverse one particular, if you need to have to, in order to get the *Cost-free* Consultation. But your lawyer Must be capable and prepared to easily clear this up for you. It really is the Two-Year length of time that is a bit of a stumper. If you just want to be completed with it and don't care about a property that is nonetheless in your possession, by all indicates....get in touch with this bank and ask Them 'What's Up?"DanZee has a excellent point....a bit far more info. from you would help because I CAN assist you because I know Florida bankruptcy laws.

[Wolfrick]

Well, what precisely is this debt that you owe? If it really is a mortgage that you've decided to continue to pay, they may possibly be trying to trick you into quit paying so they can seize the home and sell it. I would advise you not to quit paying the mortgage, but hold careful track of what you have paid.If these letters are from a property you walked away from, then just ignore the letters.If you want to give more information about this debt, we can give you more concrete advice.

[Myron]

You must have 'done' a Chapter 7. I'm thinking this because you wrote that the bank-letter states, "Section 524 of the Bankruptcy Code tells us the discharge of this debt means you have no personal obligation to repay it. The discharge also protects you from any efforts by anyone to collect this discharged debt as a personal liability of the debtor." As long as you did/completed everything that you were obligated, by law, to do for the Bankruptcy to be completely discharged, right up to and including the 'Financial Planning/Credit Counseling Course' you HAVE to complete after you went to court, you are *totally* free from your past debt(s).(And, you must have because even this bank is saying, "Our records indicate that in the past you received a discharge of this debt".) It seems kind of stupid for Them to be sending You a letter telling you what your lawyer should have already assured you of. Provided that you've completed *everything* the law requires of you in regards to your filing, you are absolutely, completely and totally free from this debt(as well as all, or any, others you listed when you first started your bankruptcy).It sounds to me like they are trying to intimidate you, especially with the way they worded, "....Our records indicate that in the *past*", like they are trying to make you think/believe that, "This was the case in the past - Now, we are back after you and have a right to be, so Pay Up". If it's really bothering you, call your lawyer and/or send him a copy of this letter. Personally, I'd hold on to it because there is a new 'deal' now, where You can actually sue Them for harassment if they keep 'bothering you' - I know someone who is suing a creditor of his because he has told them to stop the calls and letters, that he is in the process of filing for bankruptcy, and they won't. So, he told his lawyer that he's done as he was told to do - namely, telling the creditors to stop with the harassing calls and letters, and that they won't. Now, his lawyer is suing this creditor for him and the money he's *assured* he's going to get, based on 'the evidence', is what my friend is actually going to use to pay the lawyer for representing him in his bankruptcy. My friend had only been able to come-up with $100.00 toward his bankruptcy and shortly after, his lawyer told him about this 'new deal'. So now his attorney has actually started the proceedings based on the expectation of the money to be gotten via suing this creditor for harassment - My Friend has barely begun, and You have already completed your bankruptcy, so 'I'd think' You'd have even more 'right and reason' to sue for harassment!And, my friend - he lives in Florida too! This bank....is full of s**t, so don't worry anymore, save the letters and contact your lawyer about them.Hope this information helps make you feel a bit better.

[Quincey]

Dreama said: 3 Oh....I'm pretty sure that your lawyer must have told you this, but Florida has what's called a 'Homestead Act', which means that even in a Chapter 12(meaning you do have money, or property to sell, to make at least some amount of payment), if you own or are buying a house(only one, the one you live in) it can not be included in ANY TYPE of bankruptcy or other 'Financial Deal' you may have agreed to. 42 months ago

[Caersewiella]

DanZee said: 1 Well, what exactly is this debt that you owe? If it's a mortgage that you've decided to continue to pay, they may be trying to trick you into stop paying so they can seize the property and sell it. I would advise you not to stop paying the mortgage, but keep careful track of what you've paid.If these letters are from a property you walked away from, then just ignore the letters.If you want to give more information about this debt, we can give you more concrete advice. 42 months ago

[Torre]

Dreama said: 2 You must have 'done' a Chapter 7. I'm thinking this because you wrote that the bank-letter states, "Section 524 of the Bankruptcy Code tells us the discharge of this debt means you have no personal obligation to repay it. The discharge also protects you from any efforts by anyone to collect this discharged debt as a personal liability of the debtor." As long as you did/completed everything that you were obligated, by law, to do for the Bankruptcy to be completely discharged, right up to and including the 'Financial Planning/Credit Counseling Course' you HAVE to complete after you went to court, you are *totally* free from your past debt(s).(And, you must have because even this bank is saying, "Our records indicate that in the past you received a discharge of this debt".) It seems kind of stupid for Them to be sending You a letter telling you what your lawyer should have already assured you of. Provided that you've completed *everything* the law requires of you in regards to your filing, you are absolutely, completely and totally free from this debt(as well as all, or any, others you listed when you first started your bankruptcy).It sounds to me like they are trying to intimidate you, especially with the way they worded, "....Our records indicate that in the *past*", like they are trying to make you think/believe that, "This was the case in the past - Now, we are back after you and have a right to be, so Pay Up". If it's really bothering you, call your lawyer and/or send him a copy of this letter. Personally, I'd hold on to it because there is a new 'deal' now, where You can actually sue Them for harassment if they keep 'bothering you' - I know someone who is suing a creditor of his because he has told them to stop the calls and letters, that he is in the process of filing for bankruptcy, and they won't. So, he told his lawyer that he's done as he was told to do - namely, telling the creditors to stop with the harassing calls and letters, and that they won't. Now, his lawyer is suing this creditor for him and the money he's *assured* he's going to get, based on 'the evidence', is what my friend is actually going to use to pay the lawyer for representing him in his bankruptcy. My friend had only been able to come-up with $100.00 toward his bankruptcy and shortly after, his lawyer told him about this 'new deal'. So now his attorney has actually started the proceedings based on the expectation of the money to be gotten via suing this creditor for harassment - My Friend has barely begun, and You have already completed your bankruptcy, so 'I'd think' You'd have even more 'right and reason' to sue for harassment!And, my friend - he lives in Florida too! This bank....is full of s**t, so don't worry anymore, save the letters and contact your lawyer about them.Hope this information helps make you feel a bit better. 42 months ago

[alahmoot68]

Oh....I'm pretty sure that your lawyer must have told you this, but Florida has what's called a 'Homestead Act', which means that even in a Chapter 12(meaning you do have money, or property to sell, to make at least some amount of payment), if you own or are buying a house(only one, the one you live in) it can not be included in ANY TYPE of bankruptcy or other 'Financial Deal' you may have agreed to.

[Leeroy]

Dreama said: 4 I just thought of something else as a result of thinking more on the wording of your question. I notice that this bank uses the words "personal-obligation" and "personal-liability" and at the end you asked, "....and just let the bank take it back?""Personal-whatever" means they can't hold YOU PERSONALLY responsible, they can't garnish your wages....etc. But, do you own a business, or like DanZee asked, some property that is what this bank-loan was for? If so it may mean that they have found a way to pull this business or property back. But the real odd thing is is that it's been two years, right?I mean I no doubt they WOULD very much like to regain ownership of any property you hold whether it's in relation to what you owed them or not. So, I'd really say that you need to see your lawyer again about this particular loan....or go to a different one, if you need to, in order to get the *Free* Consultation. But your lawyer SHOULD be able and willing to easily clear this up for you. It's the Two-Year length of time that is a bit of a stumper. If you just want to be done with it and don't care about a property that is still in your possession, by all means....call this bank and ask Them 'What's Up?"DanZee has a good point....a bit more info. from you would help because I CAN help you because I know Florida bankruptcy laws. 42 months ago