Legal Question in Bankruptcy in Illinois

bankruptcy filed by the other person on my mortgage

My ex partner and I have a mortgage together on the house which I live in. She has filed bankruptcy. I am unable to assume the mortgage alone. How can I keep my house? I have been making the payments myself for 5 yrs. I am legally blind and it would be a great hardship on me to lose the house. What can I do?


Asked on 2/25/00, 9:12 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: bankruptcy filed by the other person on my mortgage

There is some crucial information missing. First, it is important to know under what Chapter of the Bankruptcy Code your "partner" filed. Under Chapter 13, there is some protection. If a Chapter 7, then you might be left exposed to a foreclosure eventually. If you have been paying for the mortgage yourself for 5 years, it would appear that (1) you have income, and (2) you have the ability to pay the mortgage. Although not stated by you, I assume that you are not late in your mortgage payments. A non-bankruptcy solution might be to re-finance the residence in your name only. Otherwise, you might have to file a Chapter 13 proceeding to save your residence. A good bankruptcy lawyer should be able to help you through this; you should make an appointment to see one SOON. Lawyers exist to help the public; if you do not know any bankruptcy lawyers in your locale, call your local bar association and ask for a referral. WHATEVER YOU DO, DON'T WAIT UNTIL THE LAST MOMENT!

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Answered on 3/08/00, 10:33 am


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