​Telling a bankruptcy attorney he is wrong when including home

[Edward Mccracken]

I came across a nice looking vacant house in my investing area. I did some research, to find out a company that is known to do fraudulent foreclosures, started to foreclose on the homeowner then dismissed the case. I tracked down the home owner and called her to see if she would want to quit claim the house over to me of course for a small fee.  I then have a good attorney that would go into court for me and fight and or settle the foreclosure case.

While talking to her, she told me she was filing her house in her Chapter 7 BK. I explained to her that she is still responsible for whatever happens with the house as far as tickets go and if someone gets hurt there, its still on her. She then explained to me that she has a great lawyer that with the way he files the bankruptcy, it is given back to the bank immediately. Without telling her directly that the bank doesn't want the house I tried to explain to her that as long as she is listed on the recorder of deeds site she is responsible for what ever happens there.

I then did some more research to find out who her lawyer was through some public records and called him. He seemed ok with the deal. I then called the homeowner and she was like he doesn't think its a good idea. The lawyer seems to think that he is right. I have articles and case law stating that homeowner still owns it after the bankruptcy. I

Any suggestions??? I'm thinking of calling the lawyer and asking him how much does he charge for consulting because I had a few questions for him. I would then sit down with him ask about some bankruptcy stuff and then start questioning him about why he seems to think he is right with house situation. Of course I would be nice and play dumb. I will just say it like I don't want to be in a situation where someone quit claims the house and the bank owns the house.  

[Matthew Kreitzer]

You may be engaging in activities that could potentially land you in trouble under either Federal or State law. I would consult with your own attorney prior to continuing in this course of action. As for whether or not the house will be disposed of after the Chapter 7 bankruptcy, that depends entirely on the facts of the underlying case. All the Chapter 7 bankruptcy technically does is relieve personal obligation of the Debtor on any promissory notes for the house. The house is typically not disposed of, subject to local Bankruptcy Rules, in a Chapter 7 bankruptcy. That does not, however, prevent the bank and the Debtor from entering into some kind of Deed in Lieu of foreclosure or other kinds of negotiations.

This is entirely speculation though, as neither of us have all the facts in this case. I would think twice before barking at an attorney.