Legal Question in Bankruptcy in Florida

Do I have to file?

My ex (not husband) and I owned a house and we are both on the mortgage, he wants to file for chapter 7 therefor eliminating the foreclosure. Will I have to file since we share the mortgage?


Asked on 1/02/08, 9:19 pm

2 Answers from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Do I have to file?

The short answer is yes and you will both have to file a joint Chapter 13 Bankruptcy if you want to keep your home. If you or your husband files and Chapter 7 and tries to eliminate the debt that you both owe for the mortgage, then you will have to surrender your house as part of your bankruptcy estate. The Bankruptcy Trustee disburses your bankruptcy estate to your creditors. Secured creditors (like the bank that owns your mortgage note) have a secured interest (or lien) on property such as your home or your car. I recommend that you speak to a bankruptcy and or foreclosure law attorney immediately.

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Answered on 1/03/08, 9:39 am
Stanley Miller Stanley M. Miller, P.A.

Re: Do I have to file?

You will still be reposnible and can be sued by them for any deficiency after the foreclosure.

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Answered on 1/03/08, 9:46 am


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