How can I still claim my property if I am filing for bankruptcy? 14 Answers as of June 09, 2011

My ex wife filed chapter 13 bankruptcy and surrendered the house. Both our names are on it. Will I lose it?

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George Hoselton Bankruptcy Attorney
George Hoselton Bankruptcy Attorney | George Hoselton
Bankruptcy is complicated and very individual to the person. Our advice and recommendations for you is based on your entire circumstance. There is a free consultation to come in and speak with our office where we can give you specific advice on your situation. I apologize that I am unable to answer this question for you at this time. We look forward to hearing from you. If you are located in Oregon, please do not hesitate to contact me.
Answer Applies to: Oregon
Replied: 6/9/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Yes, unless you start paying the mortgage.
Answer Applies to: California
Replied: 6/3/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Whether or not you can keep property in a bankruptcy case depends on a number of factors, including the value of the property, the amount of equity in it, the amount of exemptions you have under state law to protect that equity, what chapter you file, etc. etc. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. There's not enough information to answer your question properly.
Answer Applies to: California
Replied: 6/3/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
If you're still on the Deed, you have a right of redemption for the property, so you can save it, but you would have to take over the mortgage and repay any arrears.
Answer Applies to: Oregon
Replied: 6/3/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You can keep the house with your name on it, if you can afford to make the payments that are due. Consult with an attorney.
Answer Applies to: California
Replied: 6/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When one spouse files bankruptcy and the other does not there is the possibility that the property will be sold by the trustee if it is not wholly exempt. If the property is determined to be exempt then it can be retained by the owners. You should consult a family law attorney as to who is entitled to the property upon divorce.
    Answer Applies to: California
    Replied: 6/2/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Surrendering the house in bankruptcy means she gave up the protection of the automatic stay so that supposedly the bank can foreclose without permission from the bankruptcy court. Even if she did that the bank will still file a motion for relief of stay before foreclosing while the bankruptcy case is open. She cannot surrender your interest in the house. Therefore, the bank has to foreclose as required by California law assuming it has a valid legal reason to do that (such as your failure to make all the required payments to date). You will eventually lose the house if you do not pay what is owed. If you are current on the payments then you will not lose the house since the law does not allow the bank to foreclose without a valid legal reason such as non-payment.
    Answer Applies to: California
    Replied: 6/2/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    You need to speak with a bankruptcy attorney who can guide you through the process and protect your interests.
    Answer Applies to: Connecticut
    Replied: 6/2/2011
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