Bank sueing after Trustee discharged HELOC

[Tacee2233]

New York- Our HELOC was discharged in our chapt 7 case because the lending bank did not record the loan to the county causing them to lose security in the property. They then asked for a reaffirmation and we declined. They then recorded with the county the loan but it was post petition with out a reaffirmation. Now they are suing my Husband for $100,000 because the income he reported in 2004 on his application did not match up to the income he reported in the chapt 7 petition 4 years later. Is this normal? Do they have any grounds for this law suit? And now my husband is thinking of counter sueing and on what grounds I am not sure. This petition was filed in June of 08 and I just want to move on with our lives.

My Husbands income has changed in the last 4 years hence the bankruptcy. Can he legally be held responsible for the banks mismanagment?

Thanks so much for any information or advice that you can help us with.

Seems like they are just tyring to put pressure on you.

It is not likely they would get much out of that suit. And frankly their claim may have been dismissed in the bankruptcy already--ask your bankr. counsel to review.