Legal Question in Bankruptcy in Georgia

Well, I sure hope I get something promising out of this question, thanks in advance for any help offered. My wife and I separated last year, but were working things out and she filed for bankruptcy, due to credit cards she hid from me. I was advised since we were separated to file jointly, so I did, we filed chapter 7 and reaffirmed the house and cars. The case was discharged and complete in February. Now my wife has just filed for divorce, and wants to walk away from the house. It is upside down in value. What are my options? Due to bankruptcy banks don't want to work with me.


Asked on 7/13/12, 2:48 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your options likely are to pay for it, or let go into foreclosure and possibly be liable for the deficiency. We don't know all the facts about your BR case, but I can't imagine how it could have seemed like a good idea to reaffirm your mortgage while you were having marital problems (not to mention the upside down loan). That basically wiped out what was probably the biggest benefit of filing. But, that bad decision is done and you have to deal with the mess. Your comment about filing is not clear. You first said she filed, but then you said you filed jointly. It may not matter, but either you filed jointly (ie, the same time, same case) or you each filed a separate case.

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Answered on 7/13/12, 3:01 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It is a completely foolish idea to reaffirm a mortgage. No competent bankruptcy attorney would have told you to do it, and you could have just retained and paid.

You need a good divorce lawyer NOW to evaluate your options. That will start witha review of what you signed in the bankruptcy.

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Answered on 7/13/12, 5:39 pm


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