Legal Question in Bankruptcy in Tennessee
seperation and filing bankruptcy
My mom is legally married but seperated. She and her husband have a loan together but he filed bankruptcy without telling her. Can the bank now come after her for the loan since it is a co-loan? They have been seperated for over a year and the loan was up for renewal in March. The home has been foreclosed on and if not sold for amount of loan, my mom will be sued. Can you help me?
1 Answer from Attorneys
Re: seperation and filing bankruptcy
Yes, the creditor will and can come after her for the balance. There is not much you can do about that but your mother could get a divorce and put in the divorce papers that he must pay her back whatever that amount is. Then, if he doesn't pay her back, she can charge him with contempt for not abiding by the divorce decree.