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bleedinglib Donating Member (64 posts) Send PM | Profile | Ignore Sat Mar-21-09 06:13 AM
Original message
Bankruptcy problem??
I received a total liquidation of my debts late last year
under chapter 7, including discharge of 2 mortgages & a
second on one of the mortgages.
The trustee refused to reaffirm the mortgages and that's fine
as long as the payments are kept up because you can't
liquidate a mortgage.
  The problem is that I had some storm damage on my home from
one of the hurricanes last fall and the insurance company
issued a check to cover the repairs. The check was issued with
my name, banks name & the credit union's name who holds
the small second on the house. 
 The credit union refuses to sign the check until I reaffirm
the second,
which, in order to do this I haft to have the b.r. case
reopened and convince the trustee that I can continue making
the payments without any problems? I'v been making them for 12
years & never been late.
                 Mean while my roof is damaged and if we have
another bad storm I'm going to get wet??
  Does anyone know if I can take them to court and force them
to sign.
 I can't afford any more legal action!!
  B-lib:banghead: 
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-21-09 06:21 AM
Response to Original message
1. call the bankruptcy people? I would guess that would be the place to start
Edited on Sat Mar-21-09 06:22 AM by SoCalDem
maybe they can get the insurance company to re-issue the check ..
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willing dwarf Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-21-09 06:25 AM
Response to Original message
2. Your congress person should have staff to help with this sort of issue.
I'd start with them. Also, what about community legal aid. have you check with them? ACORN might have some helpful suggestions.

Good luck!
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-21-09 07:11 AM
Response to Original message
3. did the trustee know you had a second with the credit union....
when you filed? did your attorney know? did you file on the credit union?

go back to the bankruptcy attorney and find out the facts concerning the credit unions claim against you.
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yodoobo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-21-09 07:24 AM
Response to Original message
4. Its a check made out to them right?
Edited on Sat Mar-21-09 07:24 AM by yodoobo
Use it to pay that mortgage at that bank.

And withhold your normal cash.

Barring that (or if the amounts are way out of sync), call your original bankrupcy attorney.

You might even have a case against them to collect damages, since efforts to force you into a reaffirmation may be considered a collection attempt which is a HUGE no no for a discharged creditor.

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