Legal Question in Bankruptcy in Maryland
Soon to be ex husband filing bankruptcy
My soon to be ex husband is filing bankruptcy. In our separation agreement, he has agreed to give the house to me, but i have not refinanced in my name because I do not believe I would be approved with my bad credit history. Now he has filed for bankruptcy. Since the house (and my car) is in both of our names, how is this going to affect me?
2 Answers from Attorneys
Re: Soon to be ex husband filing bankruptcy
The question involves both B/R and Divorce Law. Does the decree state that he can not wipe out obligations through B/R.? Have you reviewed his petition, (I assume he is filing ch 7) to see how he is disposing of the property? Is he keeping up on the mortgage? If he lapses on the mge and car payments and are about to revert to the lenders, and you have an interest in these items, then you can intervene before they are lost to the creditors. Who lives in the house and who has the car? If the properties have equities, that is there is money to be made despite the liens, the US Trustee will most likely take possession. Call for more info. if you'd like. Joe Trevino. 1800-924-6217. or 301-441-3131
Re: Soon to be ex husband filing bankruptcy
You need to consult with competent bankruptcy counsel NOW. There is a very short window of time in which you can act to protect yourself from the effect of his discharge. As for the house, the trustee (not the U.S. Trustee, but the Ch. 7 case trustee) may be able to take it, sell it, and give you just half of the proceeds, depending on how much equity is in it, the existence and extent of joint debts, and how title is held, which are issues I can't answer without seeing the documents. DO NOT DELAY, as the deadlines are very short.
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