Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-13-2003, 12:20 AM
lgjlssaner
Guest
 
Posts: n/a

ch 7 on ex-spouse home equity loan


What is the name of your state? Washington
Per my divorce decree, my ex-spouse was responsible for paying the home equity loan. I kept the house with 1st mortgage and was responsible for other bills. I have since paid off my portion of debt. He is now filing chp 7 and including this home equity loan. I own the house so, I know I will be responsible to pay. What can I do to not allow this debt to be discharged in BK? I am now a stay at home mom with 3 children and do not have the extra money to pay this debt and I don't want to have to sell the house.
  #2  
Old 06-13-2003, 05:46 AM
AmateurShyster
Guest
 
Posts: n/a
Bankruptcy courts are apparently quick to find that most obligations of a husband to a divorced spouse fall within the alimony exception to a discharge. Since the case could turn on the precise wording of your property settlement, I'd advise you to retain an attorney experienced in bankruptcy matters.
  #3  
Old 06-13-2003, 07:29 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Divorce decrees don't mean anything where creditors or bankruptcies are concerned. If you're name is on the mortgage and he doesn't reaffirm on it, then the bank will look to you for payment, doesn't matter what the divorce decree says.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 06-13-2003, 07:40 AM
AmateurShyster
Guest
 
Posts: n/a
"The bank will look to you for payment" -- absolutely true. The issue she asked about was whether she can object to the husband's attempt to discharge his obligation on the loan. I would argue that she's now in the position of a surety on a primary obligation of the husband, and that the husband's obligation to *her* cannot be discharged if it's treated as "alimony". I would then further argue that it's therefore pointless to allow his obligation on the note to be discharged as against the lender.

I don't have access to a law library right now to track this down, but I'm willing to bet that there are many reported bankruptcy cases with this exact fact pattern.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:09 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.