Legal Question in Bankruptcy in Illinois

I was divorced a year ago. My ex was awarded the house, and held responsible for the mortgage, but of course my name is still on the loan. I need to claim bankruptcy. How will my bankruptcy affect my ex husband, the house and the mortgage?


Asked on 10/29/15, 9:48 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

Your ex should not have any issue if the mortgage is kept current, except that the lender may stop sending statements and discontinue reporting to credit agencies. He may be able to get things resumed if you and/or he specifically communicate authorization to the lender, but that is never a sure thing.

In considering bankruptcy, you will need to evaluate whether any of the other debt originally included your ex as well. That could present issues and impact on your decision to file.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for May 2015 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 10/30/15, 4:45 am


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