Advice requested on a little house trouble

[latigo]

Ok, I can see how she could get in trouble if she did not notify him in advance and give him the option to help mitigate the issue. However, she included him as a creditor in the bankruptcy and therefore he cannot act as a creditor against her. That would get HIM in trouble.

"Debtor in bankruptcy notifies creditor in advance in order to mitigate the issue"??????? The OP cannot act as a creditor against her. That would get him in trouble"? The trouble the OP is likely to get into is in paying any heed to your advice!

In the first place the court decreed hold harmless clause IS NOT SUBJECT TO A DISCHARGE IN BANKRUPTCY! It is expressly excluded because of subparagraph (15) of subsection (a) of Section 523 of Title 11 of the United States Code!

And your telling him that it has been discharged without at least informing that yours is nothing less than guesswork as you have no legal credentials whatsoever.

What's more Ld, there is not indication from the OP that there is a present need that he invoke the hold harmless clause - or as you strangely put it "act as a creditor against her". His concerns are about being on the mortgage note not being sued on it.

Calling in the hold harmless clause would be a means of supporting a separate cause of action against his ex should he be sued by a mortgage holder. Not as a "creditor" but as a third party plaintiff in interpleading or a cross action seeking a judgment over.