My ex-husband is filing for bankruptcy, how does this affect me? 17 Answers as of June 16, 2011

My ex-husband is filing for bankruptcy. His name is still on the mortgage of the house I kept, although he did sign a quit claim deed. We also both have our names on our respective car loans. How does this affect me?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Your husband's personal liability on those debts will be eliminated. If you are current on your obligations you should not be affected. If however, he is responsible for paying any debts that are in your name you may be affected. You also may have the right to object to the discharge of some of the debt based on your divorce paperwork. You may want to speak with a Bankruptcy Attorney to determine your options against your ex-husband based on his filing.
Answer Applies to: New Hampshire
Replied: 6/16/2011
William Reed
William Reed | William Reed
He may be relieved of any responsibility for the mortgage and car loans. You will still be liable for the loans you are on.
Answer Applies to: Florida
Replied: 6/14/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
There are too many variables based on your particular facts and based on your state's divorce laws. You need to speak to an attorney who knows the affects of bankruptcy on divorce decrees. There is also a divergence in bankruptcy cases. Some jurisdictions look only at the decree and what is written. Others will look beyond the document and the bankruptcy judge will make his own determination what is maintenance or support.
Answer Applies to: Missouri
Replied: 6/14/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
This is something you should really see an attorney to more comprehensively evaluate your situation, but as long as you stay current with the payments on the house and cars, it shouldn't affect anything (assuming the house is NOT in his name and was quitclaimed to you more than 4 years ago).
Answer Applies to: California
Replied: 6/13/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
If your name is on a loan that is involved in bankruptcy, the loan will be reported to the credit report as being involved in a bankruptcy. It won't show that you filed bankruptcy, but it will show that the loan was involved in one. Either way you will still be liable for any of the debts you signed on, and if you are in a community property state (like Arizona) you will also be liable for any debts you didn't sign on that were incurred during the marriage.
Answer Applies to: Arizona
Replied: 6/13/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It does not affect you at all except that it leaves you as the only person responsible for these debts.
    Answer Applies to: California
    Replied: 6/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When your ex-husband files bankruptcy you still owe the mortgage loan and car loan.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    You should contact your mortgage lender to get an answer to this question, because there may be provision in the Deed of Trust which makes it all due and payable upon bankruptcy. However, if you have been making the payments I would guess that the lender won't care about his bankruptcy. The loan is still secured by the house. If your husband owes you anything out of the marital settlement or as support, a bankruptcy will not relieve him of those obligations. You should also contact the creditor on your car loan, for the same reason that you should on the house. Again, if you have been making the payments I should think the lender won't give you trouble, but there may be provision in the contract which would allow them to call the loan.
    Answer Applies to: California
    Replied: 6/13/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Only if he is seeking to discharge debts both of you had where he was obligated under the divorce decree to pay then and hold you harmless. If there are no debts which he was solely obligated to pay which you may have to pay now that he files for bankruptcy, then there is no real impact on you. You should be able just to continue to make the payments on the house if that was what you were doing before.
    Answer Applies to: California
    Replied: 6/10/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    It should not affect you accept to make you solely responsible for the mortgage debt. The mortgage may discontinue written statements or automatic bank deductions however. You should see about that.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A full answer to your question is impossible without seeing his bankruptcy filing and your divorce papers. You could have no effects or very significant ones. It is very important that you see a lawyer before his 341 meeting of creditors to determine if you need to need to file anything in his case, and to evaluate the possible problems.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    After he filed bankruptcy, you will still be liable for any co-signed debts and he will not be. Therefore if there were any joint debts that are in default, the creditors will now look to you to collect on the account.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You become solely responsible for all co-signed debts..
    Answer Applies to: Virginia
    Replied: 6/10/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    As long as you continue to pay on the secured debts eg. The home and car you should be fine. What may be more of a problem in this case is your liability for the credit cards he is discharging in bk. This can only be a problem if your names is on those debts.
    Answer Applies to: California
    Replied: 6/10/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    It doesn't affect your mortgage or your car.If there were joint debts still owing from the marriage, you might hear from them.Occasionally, there will be a mention in your credit report about his bankruptcy, but you have the right to enter a correction in the record to the effect that it had nothing to do with you.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    His bankruptcy filing should not affect you. You are still responsible for the mortgage and should continue to pay it as you have.
    Answer Applies to: Indiana
    Replied: 6/10/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    His name will be removed from those debts and he will no longer be responsible for the debts you were both on. You will remain liable for the debt of anything your name is on.
    Answer Applies to: California
    Replied: 6/10/2011
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