Legal Question in Bankruptcy in New York

husband and wife filing separate bankruptcies

My husband and I have been separated for three years.He wants to file for a chapter 13, file for divorce, have me sign off on the house that is paid for since he will be paying the bankruptcy on his own.Would I be protected if he defaults? Or should I file a bankruptcy to protect myself? Chapter 7 or 13? I have a few debts in my own name.


Asked on 6/25/01, 5:31 pm

1 Answer from Attorneys
Garry Hanlon

Re: husband and wife filing separate bankruptcies

His bankruptcy does not protect you from

your creditors, which will include a mortgage

if you both signed

Your deeding the property to him does not

protect you from the creditors, because

they did not consent to the transfer and

furnish a separate release

A transfer simply because he is no longer

in debt is not required under Matrimonial

Law

You need to hire a lawyer.

Read more
Answered on 7/02/01, 7:57 am


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