According to one of our Houston bankruptcy courts, yes.

In a recent court decision by U.S. Bankruptcy Judge Marvin Isgur sitting in Houston, the court held that a mortgage company cannot send you monthly mortgage statements requesting money, if the mortgage loan was discharged in bankruptcy. If they do, it is a violation of the discharge injunction of 11 U.S.C. Section 524. The court case is Hernanez v. Caliber Home Loans, Adv. Pro. No. 14-03213, U.S. Bankruptcy Court, SD Texas 2014.

Mortgages are typically discharged in chapter 7 bankruptcy, if there is no Reaffirmation Agreement entered into with the debtors during the chapter 7 case. According to this court decision, mortgage companies will have to be very careful about trying to collect mortgage loans after bankruptcy, or risk getting sued for violation the Bankruptcy Court's discharge injunction.

J Thomas Black
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Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization