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Creditor Seeking Post Discharge Attorneys Fees From Judicial Foreclosure
Mark:
You are correct. In personam liability discharged. Don't know of any exception.
D
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jun 11, 2015, at 3:17 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Just got a call from a debtor who received a discharge a few years ago. In his petition he listed his home and corresponding mortgage debts.
>
> The mortgage lender had commenced a judicial foreclosure action (yes, this is in California) and is seeking a monetary in personam judgment against the debtor for attorneys fees (which exceed the amount owed on the Note!), presumably primarily incurred in bringing the judicial foreclosure action.
>
> Before I go off half-cocked (or all cocked), is there any bizarre exception for judicial foreclosures that makes this appropriate for the creditor to seek (i.e. these are postpetition debts not related to the underlying Note that was discharged in the bankruptcy)? Sure sounds like a violation of the discharge injunction to me.
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
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On Jun 11, 2015, at 3:17 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Just got a call from a debtor who received a discharge a few years
ago. In his petition he listed his home and corresponding mortgage
debts.
The mortgage lender had commenced a judicial foreclosure action
(yes, this is in California) and is seeking a monetary in personam
judgment against the debtor for attorneys fees (which exceed the
amount owed on the Note!), presumably primarily incurred in bringing
the judicial foreclosure action.
Before I go off half-cocked (or all cocked), is there any bizarre
exception for judicial foreclosures that makes this appropriate for
the creditor to seek (i.e. these are postpetition debts not related
to the underlying Note that was discharged in the bankruptcy)?
Sure sounds like a violation of the discharge injunction to me.
--
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
The post was migrated from Yahoo.