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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-06-2002, 10:13 PM
uncblu
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Question

Bankrupcty after divorce


Lots to say.... I am trying to file bankruptcy. My lawyer advised me to file chapt 7. However, I am/was listed on a joint mortgage with my ex-husband. I have signed a quick claim dead so he could refinance the house and remove my name. Now my lawyer is telling me I "can't" file bankrupty because there is too much equity in the home? ( which my ex could only get 80% of the equity - enough to refinance the 1st & 2nd mortgage into one payment. No cash out ) Now what? Can I still file chapt 13 and nothing effect the house/my ex? What other direction can I take? There has to be some direction I can go. Some way to file and not cause financial hardship to him and his new family???
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Old 05-06-2002, 10:33 PM
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Join Date: Dec 2001
Location: TX
Posts: 1,090
was he awarded the house in the divorce??

my husbands name was on his mortgage with his ex. matter of fact the loan was His VA loan, but since she was awarded the house it held nothing for him as far as equity... and we filed, the only question they asked him was " was your ex wife awared the house in the decree"?? and he said yes. so it had no bearing on our BK filing... hope that helps...
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