Legal Question in Bankruptcy in Nevada
Is it legal for main borrower of house to include home in bankruptsy when 2 cobo
My husband & I are greatly concerned of losing our home and leaving our family homeless because his mother is the main borrower on our house & is including it with her bankruptsy. Is this legal & can our home be taken away in the process? What can be done so we can keep our house? We pay 90% of the mortgage & 90% of the bills that come with the house (taxes, sewage, water, garbage, cable to name a few. She only pays electric & phone). We have also put atleast $2000 if not more in home improvements in our home in the 8 short months we owned it. We have all receipts to prove this, so what can we do?
Please help us!
We look forward to hearing your answer
-Tammy
2 Answers from Attorneys
Co-Borrower on Home Filed Bankruptcy
Mom is not to blame for listing the house in the bankruptcy - she is required to list all her creditors - even those she intends to keep. See my article on Bankruptcy Myths at http://www.freshstartnv.com/PracticeAreas.shtml Without knowing any additional details, the only reason I can see why you would lose your home is because you did not make the payments for months & months, not because Mom filed bankruptcy. I disagree with James about going to the creditors meeting unless you and Mom have not been able to communicate about what is going on. My experience is that the 341 meeting is a waste of time & that you can get the answers you need by looking at the Bankruptcy petition itself or by making a quick phone call to Mom's attorney about the status of the home mortgage It might be a good idea to consult with either a Bankruptcy or Real Estate attorney about the specific details of your situation. If necessary, a Chapter 13 might be able to save your house. Call my office during business hours if you would like more info.
Re: Is it legal for main borrower of house to include home in bankruptsy when 2
A debtor has to include all her debts even if she is a co-borrower. However, as long as the mortgage payments are made on the house there should be no problem keeping it. I would suggest you go to the creditor's meeting.
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