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  #1  
Old 06-09-2002, 03:26 PM
nikola_nikola
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Bankruptcy and Divorce HELP!


What is the name of your state? Illinois



my boyfriend was married before he met me and is divorced. in the divorce he agreed to pay her half of what's owed on the house which is $12,500 and until that is paid she's still partial owner of the house. he recently filed bankruptcy and filed the $12,500 in it. yesterday we got a letter from her laywer stating that basically since he filed bankruptcy on the debt he owes her then he has no business being in the house and we are to evacuate in 10 days or legal action will be strictly enforced and the house put up for sale. what are our options here? my boyfriend really wants to get out from underneath the house, is there a way to stick her with it? he was thinking about just adding the house on to his bankruptcy, then she wouldn't get any money, which he'd be happy to see.but his parents name is on the house too because they cosigned. and he doesnt want his parents to look bad. anways my question is, can they just evict us like that?
i'd appreciate any help you all can give me here
  #2  
Old 06-09-2002, 05:30 PM
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Join Date: May 2001
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He needs to talk with his lawyer about how soon he can be evicted. My first thought is the automatic stay that is included in a bk filing will prolong this well past 10 days.

However, if your bf has already filed bk and included the house, his parents are already involved. If payments are not being made, the bank will go after the cosigners PDQ. Also, what do you mean he wants to include the house? If he didn't include it, he needs to amend the petition. He must list ALL creditors. He can't pick and choose. That's refered to as preferential treatment.

Also, his ex may well have grounds to sue him for breach of contract if the divorce decree specifically obligates him to pay for part of the house. It really looks as if he has done a poor job of planning.
  #3  
Old 06-09-2002, 06:12 PM
nikola_nikola
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yeah he did do poorly plan the bankruptcy, he filed on everything except the house. he has 3o days to ammend the bankruptcy and add the house, thats what he told me his lawyer said. then his parents would be involved. we are currently 3 months behind on the house payments and the bank is already after his parents.
he is going to talk to his lawyer tomorrow and see if she can evict us like this, he talked to the lady at the bank and she told him that she didn't think that his ex can do that but if she can the only way for her to not be able to is to sell the house, get a new loan and buy the house back, then her name won't be on it. but i don't think the bank has a say in this because even if he does that, he will still owe her the money or whatever. and she'll come after him for it somewhere else. so i think she can do this because she IS partial owner....i dunno...i appreciate someone replying. i'll let you know what happens.
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