Legal Question in Civil Litigation in West Virginia

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.