Legal Question in Bankruptcy in Nevada
How can I protect myself and my home from my spouse's bankruptcy?
My wife filed bankruptcy (Ch13?) two years before we were married. We've been married almost 2 years, and have suffered some serious financial setbacks. I make enough money to cover all the bills and house payment, but not enough to cover her bankruptcy payment. The house is in my name only. What do I need to do to protect my assets from her bankruptcy trustee? My wife is behind in her payments of $250 a month, but she is making the payment. However, the trustee now wants payment enough to bring my wife up to date on her payment schedule. We simply don't have the money. If we did, we would not be behind in payments. Now we are being threatened by the bankruptcy trustee. What can they do to us? What can they take from us? What can I do to protect myself? We are doing the best we can without borrowing more money and putting ourselves deeper into debt.
1 Answer from Attorneys
Re: How can I protect myself and my home from my spouse's bankruptcy?
Contact her bankruptcy attorney. She can modify her plan under new circumstances or convert to chapter 7. She can also apply for some special circumstances.
The trustee cannot force you to sell your home or even make payments. If she quits making payments he can set a hearing to terminate her plan, not much else.
The best thing is to get back in touch with her original attorney and see what he/she recommends.
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