Legal Question in Bankruptcy in Illinois

bk divorce and property

my wife and her x husband have ben divorced almost 7 years. 1 year or so before they maxed out the morgage on it. in the divorce he was to pay 1/2 of the payments until sold ''he made 1'' now we have been married almost 4 years now and have tried to sell it, but it was mainly a rental property just to make the payment. we now have someone in there who is buying it on contract which is due next march. now he has filed bankruptcy and his lawyer want a copy of the contract. my question is since we have copies of all of the checks with our name on it for the payments is he entitled to any of the house at all. and do we have to send her a copy of it. the bank which hold the morgage already knows he has filed. and he has resided in florida since before the divorce and we live in illinois.

thanks


Asked on 8/14/07, 3:45 pm

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: bk divorce and property

You have multiple problems that are impossible to answer via email. I would encourage you to make an appointment with an attorney near you to discuss what I perceive to be significant problems/issues. Good Luck!

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Answered on 8/14/07, 4:15 pm
Terrance Leeders Leeders Law

Re: bk divorce and property

The asset needs to be listed in the home, so does the debt for the mortgage and obligation to you. Normally, most divorce debts are not dischargeable under the current laws. You may want to talk to a bankruptcy lawyer to protect your interest. You would have a claim in divorce court for the back amount owed...which can possibly be offset when you go to split the proceeds of the sale.

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Answered on 8/18/07, 12:34 pm


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