Legal Question in Bankruptcy in Massachusetts

Bankruptcy Urgent

If stipulations in a divorce agreement states the ex wife gets the house and the ex husband gets his petions and she has 3 years to remove his name from all papers and deeds and he is to relinquish all rights and she obtains 100% of all the equity....He now is trying to file bankrupcy with his credit cards yet his name is still on the house. By him doing this does it affect her credit and does she get penalties and fees against her and her home In other words does it affec her as well? Can he do it earning over $60,000 a year with over $200,000 in pentions? Can he file just with his credita cards?


Asked on 3/19/09, 11:14 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Bankruptcy Urgent

A bankruptcy case SHOULD not affect the credit of a non-filing spouse. How the credit reporting agencies get their information is sometimes a mystery, however, and no honest lawyer will give any guarantee that a specific result will be obtained. The bigger concern in your facts is what happens to the house. This needs to be handled VERY carefully or a bankruptcy trustee might try to take the house. Both husband and wife should see SEPARATE bankruptcy lawyers in order to get good, impartial advice.

Best wishes,

David Baker

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Answered on 3/24/09, 10:26 pm


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