How will I be affected by my exs bankruptcy? 7 Answers as of April 19, 2011In the divorce papers two years ago, our two houses, two cars and several other credit lines were assigned to me. Both of our names are on everything. The divorce decree did not call for a refinance of anything. So, I have worked with both mortgage companies on the payments. With one, I did a modification of the mortgage, with the other (a rental home), I did a forbearance to catch up on 3 payments that were missed. Now, she's filed a chapter 7 bankruptcy. I can and will continue to keep paying on everything like I have been, but just wanted to make sure that there wouldn't be any issues that would involve me losing the homes or cars. Thanks very much.
Burnham & Associates | Stephanie K. Burnham
A Chapter 7 Bankruptcy will absolve your ex from any personal liability on the debts that she is discharging. To the extent that your name is on any of those accounts, either as an owner or authorized user, and she fails to make payments resulting in late payments then your credit will be affected. In the event that you are making all payments on the assets that you are keeping, there should be no affect to your assets or your credit.
Answer Applies to: New Hampshire
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Her bankruptcy should not have any implication on your obligations to see the debts through.
Answer Applies to: Indiana
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You should have a divorce attorney who also knows some bankruptcy law look this over and give you some advice. Give me a call, I have experience in these areas of law. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
The Law Office of Mark J. Markus | Mark Markus
If she is still on title to any of the assets, then they are part of the bankruptcy estate. Whether or not they will be sold by the bankruptcy trustee depends on the amount of equity in each, and what exemptions she has available (and takes) under applicable state law. Exemption laws are based on the state where the filing party resided for the 2 years prior to filing the bankruptcy case or, if they lived in more than 1 state during that period, in the state where they resided for the greater part of the 180 days prior to that 2 year period.
Answer Applies to: California