Legal Question in Civil Litigation in West Virginia
Loan dispute
Being sued for a house loan that I had with my exhusband. When we filed for divorce, he was suppose to get the loan out of my name but never did. He filed bankruptsy and now the bank is suing me for the loan. Do I have any claim? I cannot pay the loan and do not want to file bankruptsy unless I have to.
1 Answer from Attorneys
Re: Loan dispute
The most important question to ask is whether or not you were noticed in the bankruptcy. The Bankruptcy Code provides for you to file a suit within sixty days of the meeting of creditors to test the fairness of discharge of that debt. Your signature on the note could only be changed by voluntary action by the bank, which seldom happens, or by refinance and payoff. You should consult a lawyer because there may be deficiencies in the forclosure or other remedies involving your husband. I know of one case where the divorce judge held the non paying spouse in contempt for not paying even though the debt was discharged in bankruptcy and the creditor could not sue the debtor for payment.