Friday, January 21, 2011

Don't take the kitchen sink after foreclosure

If you are being foreclosed upon and are angry as hell, you should nonetheless think twice before destroying the house to get your revenge. The reason is that destroying the house may prevent you from avoiding the deficiency judgment, in its entirety, in a subsequent bankruptcy. This is talking about the amount of money your house is upside down that you may otherwise owe for 20 years because the sale of your house at a foreclosure auction fell short of the number.

The reason is that Bankruptcy Code section 523(a)(6) states as follows:
A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—for willful and malicious injury by the debtor to another entity or to the property of another entity;


To read a great article on the topic, I refer you to a great local bankruptcy practitioner's blog by clicking here