Legal Question in Bankruptcy in North Carolina

If a bankruptcy has been discharged, and a house is kept, will doing a loan modification change being able to walk away from the house as in the original bankruptcy agreement if one needs to?


Asked on 2/05/11, 7:01 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Probably. You have to read the loan modification documents. I would doubt that they could be read any other way, but to constitute a new promise to pay the old debt. This must have been an old bankruptcy because for the last few years, the courts have required reaffirmation. If you did reaffirm and did not rescind in the 90 days, then in which case you are on the hook for the entire debt anyway and could not just walk away.

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Answered on 2/09/11, 5:56 am


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