Posted on: 09th Nov, 2010 04:29 pm
My 2 mortgages were both discharged in Chapter 7 in summer of 2009. On advice of my attorney I never signed reaff. agreements with either. I did keep paying them to prevent foreclosure. 1st M. is 166K; 2nd M. is 68K. Value of the house is about 192K. I was going to offer a voluntary settlement to the second for about 10%, or $6500, just so I could have one reasonable mortgage to pay. I don't think they would get much more if they foreclosed. (I stopped paying the 2nd last month because of medical problems.) The question is, If the 2nd agrees to release the lien for 6500, would the other 61500 be considered forgiven debt. I asked my BK attorney about it, and he said that this amount would not pose tax implications to me at all because legally, there is no debt to forgive; that debt has already been discharged in a Chapter 7 case. He told me that for all intents and purposes, your offer at this point is to purchase a lien, not to settle a debt. Debt forgiveness implies a debt liability which is still outstanding. They would be in violation of Chapter 7 to claim that a discharged debt still has merit and liability attached to it. Of course, I felt so relieved, but I'm just curious if there is anyone who might have a similar situation. I've been reading posts on other forums on the internet and some people are saying what my lawyer says. Others are saying no. I haven't actually made the settlement offer yet, so I was just wondering if there is anyone who might have settled a 2nd mortgage after their chapter 7 discharge. I just don't want to have any huge tax burden. Any relevant answers, opinions, or comments are most welcome.
hi guest,
if the second mortgage lender forgives the balance amount, it will be considered as forgiven debt. however, as far as i know you do not have to pay taxes on debts settled in bankruptcy.
thanks
if the second mortgage lender forgives the balance amount, it will be considered as forgiven debt. however, as far as i know you do not have to pay taxes on debts settled in bankruptcy.
thanks