Legal Question in Family Law in Michigan

Bankruptsy and mortgage liability with divorce.

I filed for bankruptsy 12.04; the mortgage payment is included. I would like to file for divorce and not be liable for the mortgage so I can move away with the children.


Asked on 10/19/05, 5:44 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Bankruptsy and mortgage liability with divorce.

If you filed for bankruptcy and did not reaffirm the mortgage, you will have lost your house, unless your spouse keeps up the payments. Your ability to move away with your kids is totally independent of the bankruptcy. One thing does not affect the other. In order to make such a move, you will most likely need the court's permission. You need to speak with a good family law attorney. William S. Stern

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Answered on 10/20/05, 7:25 am


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