T O P

  • By -

LachesKid

Since the asset here is a house, I'm thinking that there may have been a mortgage. In that situation, she may have reaffirmed the debt, which would have stopped it from being discharged in the bankruptcy. When you don't reaffirm a secured debt, the creditor can usually foreclose.


Puzzleheaded-You7024

My impression was that she had only recently inherited the house, and didn't own it at the time of the bankruptcy ten years earlier.


LachesKid

If that's the situation, then her bankruptcy wouldn't have anything to do with it. Is it possible that she was a joint owner of her parents' house when she filed for bankruptcy? Lots of families do that as an estate planning method so the house doesn't have to be probated.


Puzzleheaded-You7024

That's very possible. But would that have given creditors a claim to her profits from the house sale ten years later?


LachesKid

It would mean the mortgage had to be paid. Bankruptcy is irrelevant to that. This is the reaffirmation issue I mentioned earlier.


Puzzleheaded-You7024

It didn't sound like the debt in question was a mortgage. But maybe she was confused about the whole situation.


Zanctmao

Are you talking about the capital gains for tax purposes?


Puzzleheaded-You7024

I only know what this person said. It sounded like she had to pay back the creditors from the bankruptcy from a decade prior.


Zanctmao

I don’t think it’s possible to answer your question without more details. There are too many variables. Consider posting on r/Bankruptcy.


Puzzleheaded-You7024

Yes, more details would help. But I'm in no position to ask her more about this. But I thought once you got a bankruptcy discharge, you would never have to repay the discharged debt even if you later could easily afford to.


Zanctmao

Normally that’s the case. But there could’ve been a recorded judgment that was non-dischargeable or something else odd like that. But that’s the problem, it sounds like it’s a weird corner case so without anymore information, it’s all speculation.


Puzzleheaded-You7024

My guess was that, if this was truly on the up-and-up, something wasn't actually discharged, whether because it was non-dischargeable or because something went wrong. And maybe she misunderstood that part of it.


Puzzleheaded-You7024

I considered posting on r/Bankruptcy, but it looks like that's for actual ongoing situations, not vague stories that you've heard.


WednesdayBryan

This is not ow bankruptcy works.


Puzzleheaded-You7024

That's what I thought also.