Legal Question in Bankruptcy in Arizona
My dad and mom divorced in Phoenix and there was a court order stating which assets belonged to which parent. Creditors were notified of the fact. However, my mom never refinanced the property to remove my dad's name. Now, she is filing for bankruptcy. How does this impact my dad (since he is still legally liable)?
Asked on 3/25/11, 11:10 pm
1 Answer from Attorneys
Cindy Greene
Carmichael & Powell, P.C.
He is still legally liable. A family court order is only enforceable between the divorcing couple not their creditors. Arizona is an anti-deficiency state so your dad may not have any financial liability if the home goes to foreclosure. He should contact an attorney.
Answered on 4/20/11, 11:46 am
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