Stament of Intention
I have filed for chapter 7 and the Court sent me a deficiency notice stating I need to file a statement of intention.
I don't have any secured debt, however I do have a pending court case from one of my unsecured (credit card) creditors. My house was also recently foreclosed on and sold for $6,000 less than the amount owed on the mortgage.
My question is, do I need to file the statement of intention to include either the court case or the foreclosure?
I own nothing that is secured by debt. Would this form prevent the mortgage company from coming after me for the $6,000.
I hadn't listed them as one of my creditors since the foreclosure case has been closed in the court and there has been no contact from them since.
Thank you for your help!
2 Answers from Attorneys
Re: Stament of Intention
Technically, you shouldn't have to file a statement of intention if there is no secured debt, but the MD Bankruptcy clerk's office expects one in every case. It's easier to file one marked "none" than to fight about it.
You should definitely schedule the former mortgage company (on the schedules (as unsecured), not the statement of intention). If you fail to schedule them, they may try to pursue you for the deficiency. It may well be discharged anyway, but why fight about it or give them grounds for an argument that you still owe it.
Re: Stament of Intention
The rules do require that you file a statement of intent. Just file one and write/type the words "None". Just make sure on your statement of financial affairs you have noticed the courts that you had a foreclosure and a pending lawsuit from your creditor. You will also need to make sure the creditor receives notice of your bankruptcy so that they can cease collection efforts. Should you require representation in your bankruptcy please feel free to contact my office.
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