Legal Question in Bankruptcy in Kansas

Can the courts order my ex-wife and her husband to refinance to remove my name from the mortgage now that they let the house go into foreclosure and then filed chapter 13 bankruptsy? my divorce decree says she is to hold me "harmless" any debts in her possession. she also has a quit claim deed. --- I need my name off the note because she has ruined my credit and my job may be tranferring me to Atlanta soon. my atty said he cant do anything until 5 year bankruptcy is over. PLEASE HELP


Asked on 10/20/09, 11:20 am

1 Answer from Attorneys

Anthony Smith LawSmith

It is not unheard of for a judge to issue and order like you suggest. There can almost never be enough facts provided here to assess whether the judge will. Since you have a "hold harmless" agreement, then you might be able to do something. IF you have appeared as a creditor in her bankruptcy case. The hold harmless Order affected you and your ex wife. It was almost powerless to prevent the lender form coming after you. The Order merely says that if they do come after you, then you can go to her to pay. IF you fail to do that in her bankruptcy estate, you might be hindered from doing anyting until her bankruptcy ends. Than may be what your attorney is referring to. Ask him if there is still tiem to enter as creditor and therfore get access to the plan, to see how the mortgate is to be paid off. If she is going to stay in the house, then there has to be a part of the plan to deal with the mortgage. If she isn;t staying int eh house, then ther might be astrategic advantage to holding off going after her. The lender can't go after her right now. They may not go after you yet either. If they come after you after the bankruptcy is set, you are a new creditor of hers, and may not affected by her bankruptcy. Stay in contact with your attorney and cooperate with what he asks you to do, but make sure he is assessing and protecting your present interests and those down the road.

God luck

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Answered on 10/28/09, 2:05 pm


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