![]() |
| ||||||||||||
| |||||||||||||
| |||||||||||||
| |||||||
| | |
![]() |
| | LinkBack | Thread Tools | Rate Thread | Display Modes |
|
#1
| |||
| |||
ch 7 on ex-spouse home equity loanWhat 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
| |||
| |||
| 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
| |||
| |||
| 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
| |||
| |||
| "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. |
![]() |