Legal Question in Bankruptcy in Indiana

Bankruptcy and family obligation

5 years ago I had signed over the lien of our home to my ex-spouse,by which (in accordance to our divorce decree) if refinanced or sold,an agreed portion of this property would be paid to me with annual statutory interest & I in return would place this into an account for our child's college education. This property was refinanced several years ago (unknown to me).When my attorney contacts my ex-spouse I suspect that we will encounter a bankruptcy with no intention to fulfill the obligations to our child. Please advise.


Asked on 6/09/99, 1:43 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Bankruptcy and family obligation

First, I strongly suspect that you signed "title" over

to your wife, rather than the lien. Legal terminology

can be confusing ...

You appear to have at least two possible remedies if

your former wife files bankruptcy: first, a fraud complaint

in the bankruptcy and second, a contempt proceeding in the

court that issued your divorce decree. Without knowing more

I can't be more specific, nor can I promise that either remedy

is *definitely* available. Good luck.

First stop should be your divorce attorney to ask about

contempt.

Although I am admitted to practice in Indiana, this is

not legal advice and you are not my client unless we meet

and enter into an appropriate contract of representation.

Read more
Answered on 6/15/99, 4:40 pm


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