Legal Question in Bankruptcy in California

Bankruptcy including home loan

After the 9-11 events I got laid off. I spent 6 months unemployed. I went to Atlantic Credit Bankruptcy Avoidance Program to pay my creditors. Currently still in program. My exwife has a house in which the loan is in my name but I am no longer on the title. She is bleeding with dry pay9ng for this house which I have no vested interest or will get any monetary supplement if it was sold. She has no interest in refinancing to clear the note out of my name. I don't even get the tax write off yearly. Would filing Bankruptcy force her to do something. I am also a single parent with a daughter not by her and this house is financially killing me.


Asked on 10/01/02, 10:39 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bankruptcy including home loan

Thank you for your posting. As someone else mentioned, it is not clear why you are paying on this house with no benefits to you, but the answer to that might affect what happens in a bankruptcy.

Filing bankruptcy would make any debt as to you uncollectible, and discharge you from any obligation to the house, UNLESS it was ordered as part of a divorce or child support.

This also depends on what type of bankruptcy -- and for purposes of this answer I am assuming you mean a Chapter 7 bankruptcy.

If you would like to provide more details, or discuss any questions further, please feel free to email me, or call my office, toll free, at 1-877-568-2977. I'm happy to help in any way that I can.

Read more
Answered on 10/01/02, 4:30 pm
Mark Markus Law Office of Mark J. Markus

Re: Bankruptcy including home loan

Why are you paying on the house? Is that part of a court-ordered settlement? In any event, you can likely get rid of that debt, along with your credit cards, in a bankruptcy. If you'd like a free phone consult, please visit my webpage at http://www.bklaw.com/consult.html for what information you will need, and then give me a call to schedule a time. Regards, Mark

Read more
Answered on 10/01/02, 10:52 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California