Legal Question in Bankruptcy in Ohio
Foreclosure and Bankruptcy
In June, 2000, my daughter (Holly Durbin) was granted bankruptcy.
In September, 2001, there was a Judgment and Decree in Foreclosure against the house that she and her husband had owned. Part of that decree reads,''The Court finds that the primary defendant, Holly C. Durbin, is immune from personal liability on the subject note by virtue of her discharge in Chapter 7 Bankruptcy....''
Today, a judgment associated with that foreclosure remains on her credit report. Since the court granted her immunity in that case, shouldn't that mark on her credit report be removed also?
1 Answer from Attorneys
Re: Foreclosure and Bankruptcy
The court order in the foreclosure case simply mirrored the impact of the bankruptcy discharge - no personal liability for your daughter, but the bank could still foreclose on her real estate. It did not add anything new to equation, just restated the results of the bankruptcy.
That being said, you certainly can try to use the court order to have the debt removed from the credit report, although the debt was discharged like the other debts - personal liability eliminated, any property secured by a lien can be foreclosed on post-discharge.
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