Legal Question in Bankruptcy in Virginia

Chapter 13 Bankruptcy

When I filed chapter 13, my lawyer told me that if I listed my ex-husband as a creditor, then my name would be removed from the mortgage note. It has been over a year now, and this has not happened. I still get notices from the mortgage company, and from the city for taxes, and any other violations my ex-husband happens to have. Why didn't my name come off? Why did my lawyers tell me to list him if it had no purpose? Who should I contact? Should I contact the Chapter 13 trustee? Thank you for your help!


Asked on 4/09/99, 2:49 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Chapter 13 Bankruptcy

Either your lawyer was dead wrong or you misunderstood. Your ex- had to be listed because he is a co-debtor on that loan. But you should have scheduled the lender as well. If you didn't do that, they don't even know you filed. And your name is not "removed" from the loan; they just can't collect from you except per your plan. See your lawyer, and if that does not clarify matters, see another bankruptcy lawyer.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 4/09/99, 7:38 pm


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