Legal Question in Bankruptcy in New Jersey
Divorce and Foreclosure
I am preparing to file for bankruptcy. My divorce was finalized in Sept 2008. I have been living in the marital home, but it should be foreclosed on in the next few months. The house is in both of our names. I am not trying to keep the house but I am not sure how it should be listed on the bankruptcy forms.
1 Answer from Attorneys
Re: Divorce and Foreclosure
The house is listed in Schedule A. The secured debt is listed in Schedule D. Your exemption is listed in Schedule C if you have any equity. The foreclosure suit is listed in the Statement of Financial Affairs. This is the literal answer to your question. I strongly encourage you to consider having an attorney assist you with the bankruptcy. Yes, if you file yourself you will not incur an attorney's fee. But by hiring a competent attorney, you will have someone to counsel you in addition to being sure that everything is done correctly. You may also save yourself a lot of time and frustration having to learn what to do. Feel free to call me if you would like to consider having an attorney or even if you decide not to but have some questions.
By the way, if you are not trying to save the house, you may be able to live there for free for quite a while longer due to the inherent slowness of the foreclosure process combined with the stay which will apply when your bankruptcy is filed. The creditor will need to obtain the permission of the bankruptcy court to initiate or resume any foreclosure action.
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