Legal Question in Bankruptcy in Louisiana

Is former spouse responsible?

My mother was recently divorced in a community property state. Her ex-spouse would like her to have the house in the propety settlement. He has ran up a considerable debt in his name, since the seperation, and is now claiming that he will file bankrupcy in a few months. Is it possible that the Judge may consider the property settlement to be ''unfair'', and make my mother sell the house to pay his debts?


Asked on 7/21/02, 1:07 pm

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Is former spouse responsible?

The trustee in bankruptcy has the power to set aside any transfers of property made by a debtor in the year preceeding the filing, if its in the best interest of the creditors and estate. However, if there is adequate consideration for the transfer, i.e.,in return for his 1/2 interest in the home, if your mother assumed his responsibility for the mortgage,the trustee may choose not to set the transaction aside. You should consult an attorney with the exact details of your case.

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Answered on 7/22/02, 10:21 am


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