Legal Question in Bankruptcy in Illinois

We filed bankruptcy on our home several years ago after a house fire destroyed it. The city has now sent a letter saying we need to demolish it or they will take us to court to get permission to do it themselves (and charge us all related cost). Should we tear it down despite having filed bankruptcy on it?


Asked on 12/29/12, 10:28 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I recommend you meet with your bankruptcy attorney or another local bankruptcy attorney. The problem is you may be bound to obligations that are considered post-bankruptcy if you remained on title to the property. Debtors run into this from time to time when they are letting a property go. Their responsibility to the mortgage company is discharged in bankruptcy, but other costs can accrue, such as association fees, water bills, city-imposed costs such as mowing expenses, injuries occurring on the property, ... Was the city listed in your bankruptcy petition? Some research may be required to determine where this obligation would fit.

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Answered on 12/29/12, 10:49 am


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