Legal Question in Civil Litigation in Michigan

Default

My husband was recently divorced, while seperated he tried to sell the house that him and his ex owned. In short, she would not give acess to the potential buyers, she caused water damage,and would not vacate the premises. The house went into foreclosure. My husband filed for bankruptcy. What he owed for the house was claimed. Divorce settlement releases ex-spouse from all debt incurred with issues of house. Potential buyers bring lawsuit for assorted damages. Bankruptcy laywer says no need to respond, informs attorney for buyers of bankruptcy. They go forth, set court date, husbands laywer says not an issue, ignore it. Husband receives Default Entry. What now?


Asked on 7/15/03, 3:06 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Default

You've got a mess on your hands. It was up to him, since he had an interest in the house, NOT to let it go into foreclosure, and then become a part of a bankruptcy.

Next time, get a lawyer who believes in taking action, not letting things just happen. And, immediately get a bankruptcy specialist to work out the details of geting the default set aside, if possible.

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Answered on 7/15/03, 4:58 pm
William Stern William Stern, P.C.

Re: Default

Your husband's lawyer is correct. There should be a stay of proceedings because of the bankruptcy. Bill Stern

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Answered on 7/15/03, 3:38 pm


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