Question regarding bankruptcy court decision....
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Posted by Lucie (208.32.75.66) on April 25, 2002 at 13:50:12:
Husband filed bk7 in 2/1997. Discharged 5/1997. He made agreement with previous owners of his home not to file on the house as they would buy out the 1st & 2nd mortgage. Now we find out that the second mortgage is showing as a charge off. my first question is isn't the second mortgage secured by the home? Meaning that the owners should of had to pay off this account in addition to the original mortgage in order to regain possession of the home? 2nd question there is a case in the Bankruptcy appellate court that is under Beaty case #SC-00-1566-RyKR, it talks about whether or not you have to go back an reopen the bk case to include the creditor or if it is suffient to supply them with the discharge papers only under the condition that it was a no assett case. It is so full of legal ease that I can't understand if they decided that the discharge was or wasn't satisfactory to supply to a previously unknown/unclaimed creditor, can anyone help me?
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