Legal Question in Bankruptcy in Indiana

divorced and bankruptcy filing

I have been divorced for about 2 years and now my ex is going to file bankruptcy. Included in that bankruptcy is the home we bought together and both names are on still. He received the house in the divorce and I have paid nothing on it since the divorce. We also have a second mortgage that was split 50/50 in the divorce so I have been paying 1/2 of it. I do not what to stop him from a fresh start but I do not want the creditors to come after me next.

I am remarried with a new home (which my name is not on) and new car (which has mine and my new husbands name). If my ex files bankruptcy what will happen to me and the new things I have. Thank you for your advice.


Asked on 1/10/03, 3:25 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: divorced and bankruptcy filing

Assuming the second mortgage is secured by real estate that the ex-husband wants to keep, then he will have to elect to reaffirm that debt, and the two of you can continue doing business concerning payment. If he does not want to keep the house, then the mortgage company could foreclose (which will include you being a defendant in their lawsuit) and if the house doesn't sell for enough to cover the debt, then you will be liable for the balance. An ex-spousal bankruptcy will cause a ripple on your credit rating, so prepare to advise the credit agencies that this bankruptcy did not involve you. Otherwise, there probably won't be any adverse affect on you.

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Answered on 1/10/03, 9:30 pm


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