Legal Question in Bankruptcy in California
I have filed for a divorce. My soon-to-be-ex has decided to file bankruptcy. He has signed a quick claim deed on the house but his name is still on the loans. I am working on refinancing now. We also own vehicles together. How will his bankruptcy effect me and what can I do to protect my property.
1 Answer from Attorneys
You need to consult with a bankruptcy attorney in the immediate future. The soon-to-be-ex's bankruptcy can have a dramatic impact on your property, credit and other items. First, any property you own jointly is now the property of a "Bankruptcy Estate." As such, you may be prevented from selling, refinancing or taking any action with respect to those properties until and unless you obtain Court permission. His quitclaim deed is probably subject to being set aside by the Bankruptcy Trustee handling his case. As such, the Trustee may be able to sell your home to repay some or all of your husband's creditors. It is probably too late to take any action to protect your property, as anything done now is very likely subject to being set aside by the Bankruptcy Court. It is critical that you meet with a bankruptcy attorney immediately to review how this can impact you.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Related Questions & Answers
-
How to write a letter of splitting a small business partnership Asked 4/13/10, 2:09 pm in United States California Bankruptcy Law