Legal Question in Bankruptcy in Ohio

Re: Divorced exhusband files Chapter 7

As to the mortgage, you and he had the agreed payment arrangement between yourselves, but as far as the motgage holder is concerned, you both were liable for the full amount. With his bankruptcy, you are still liable for the whole amount. You have the right to file a complaint under � 523(a)(15) of the bankruptcy code to avoid the discharge of his liability to you to pay his share of the mortgage and any other obligations he incurred as a result of the divorce. You must file in the court where his bankruptcy is pending within 60 days after the date first set for the meeting of creditors (which is usually about month after filing the bankruptcy petition), so see a bankruptcy lawyer immediately. If you are in VA and he's in OH, you will need to file in OH. If you are in Northern VA, my firm works with bankruptcy lawyers around the country to provide representation where the case is pending as well as someone local to work with you.

Your bigger problem, though, is that your ex-husband's interest in the property now belongs to the bankruptcy trustee; that means that you may lose the house entirely, even if you can pay the mortgage, unless you can buy out your ex's share. The trustee has the power, subject to limited exceptions (which may apply in your case), to sell your interest in the house as well as his, paying you your portion of the proceeds. Feel free to e-mail or call me at (703) 734-3800 if you want to discuss this matter further.