I live in North Carolina and filed Chapter 7 in November 2011, and received debt discharge earlier this month. As part of the filing, I agreed to voluntarily surrender my house to the mortgage companies (1st and 2nd mortgages) because I knew I needed to move from my town to find a job after almost a year of unemployment and a local unemployment rate of 13%.
I have now received pre-foreclosure letters from both mortgage companies. I have an IRA composed of money from a defined benefit plan that my previous employer distributed to its employees when it went out of business. The IRA was exempt assets in the bankruptcy.
My question is, when the mortgage companies foreclose, can they lay claim to any of the IRA funds, and can any other creditors (large hospital bills incurred after bankruptcy filing) access the IRA funds? I am still unemployed and even with the previous credit card and other debts discharged, I still can't pay new medical bills. I do draw unemployment.
Thanks for your help.