Legal Question in Bankruptcy in Virginia

Re: Ex-husband files bankruptcy

Because the mortgage co. was not a party to your divorce, you are still bound to pay the mortgage if hubby defaults (if he's still living there, he may decide to keep paying so as to retain possession). If there is a default, you are liable.

Between you and your ex, if the obligation to pay is in the nature of support rather than a property settlement (which it usually is not), it is not dischargeable, and you need do nothing. If it is a property settlement or distribution or otherwise not support, it MAY not be dischargeable, but only if you act FAST to file a complaint to determine dischargeability in the bankruptcy court. The deadline for this is 60 days after the first date set for the meeting of creditors, which is about a month after the filing date. If you miss this deadline, his non-support obligations are discharged. If you file on time, the debt to you (i.e., his obligation to pay the mortgage) is not discharged unless he has no ability to pay or the benefit of the discharge outweighs the detriment to you.

This is a complicated process, so see an experienced bankruptcy lawyer.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302

Re: Ex-husband files bankruptcy

The interface between bankruptcy law and family law is complicated, and requires an experienced attorney. Some property settlement agreement obligations are dischargeable in bankruptcy, and others are not. You should immediately secure the services of competent counsel to advise you on this issue.

Olivier Long

Law Offices of Olivier Denier Long

10500 Sager Avenue, #B

Re: Ex-husband files bankruptcy

The agreement making your husband responsible for the mortgage payments is between you and him; the mortgage lender is not a party to the agreement and thus not bound by it. While your husband's duty to you to make the mortgage payments may not be dischargeable in bankruptcy, the mortgage company can still eventually look to you for the payments.

You should have the documents reviewed by an attorney.

Paul B. Ward

Law Offices of Paul B. Ward

8304 B Old Courthouse Road