Legal Question in Bankruptcy in Kentucky

My ex filed a Chapter13

I was ''awarded'' a house that was in forclosure because I could not afford it on my income alone. Along with the house I got the remainder of a truck lease and the overages that I didnt want and now cant afford. ( my job is ending in 30 days)

My ex went and filed a Chapter 13 on both the truck and the house. Can I turn them into the lein holders and walk away without fear of them showing up again as long as she makes her payments in the Chapter 13?


Asked on 10/05/08, 7:54 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: My ex filed a Chapter13

I am afraid there just are not enough facts here to give you a good answer and some of it depends on what you mean by "not show up again". For example, if you relinquish the house to the foreclosure process and they sell it short (for less than the debt on it) you might still be personally liable. Aside from that, your wife may end up with a discharge at the end of her chapter 13, but you could still be on the hook for the debt.

You could benefit from meeting with an attorney that is versed in both family and bankruptcy law to go over the situation with you.

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Answered on 10/10/08, 1:42 pm


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