Need advice

[antkarclay]

What is the name of your state? Illinois. Does bankruptcy law override a divorce decree? In my husband's divorce decree is stated that his ex-wife was responsible for the mobile home that they had purchased together while they were married. After several years living there after the divorce, she filed bankruptcy and the bank came after my husband for the payment. We paid off the balance, however, do we have the right to sue her for the money that we paid to the bank since it was her responsiblility as stated in the divorce decree?

 

[LdiJ]

What is the name of your state? Illinois. Does bankruptcy law override a divorce decree? In my husband's divorce decree is stated that his ex-wife was responsible for the mobile home that they had purchased together while they were married. After several years living there after the divorce, she filed bankruptcy and the bank came after my husband for the payment. We paid off the balance, however, do we have the right to sue her for the money that we paid to the bank since it was her responsiblility as stated in the divorce decree?

Your husband can't specifically "sue" her, because of the bankruptcy. However, he can file to have her held in contempt for not honoring the terms of the divorce decree.

He might want to try doing it without an attorney however, since collecting from her may be difficult. He doesn't want to spend big bucks on an attorney, on top of already having to pay off the mobile home, if there is no guarantee that he is going to be able to collect anything from her.

 

[antkarclay]

need advice

Are there time restrictions for filing for someone being in contempt? For instance, we paid off the mobile home several years ago?

 

[moburkes]

But, since the mobile home was included in the BK, I'm not sure that he can ask for the money back.

 

[Zephyr]

But, since the mobile home was included in the BK, I'm not sure that he can ask for the money back.

was she ordered to refi and get him off? was he included in the bankruptcy? does he have the mobile home now?

 

[antkarclay]

need advice

Unfortunately she was not ordered to refinance or we would never have been forced into this situation. The mobile home was sold in an auction and we had to pay the balance of the loan that they did not receive from the auction.

 

[Bali Hai]

Unfortunately she was not ordered to refinance or we would never have been forced into this situation. The mobile home was sold in an auction and we had to pay the balance of the loan that they did not receive from the auction.

Another man gets screwed by the court; oh well that's life.

You can bet your @ss the court would have had the foresight to order HIM to refinance her off the loan if the situation were reversed!

 

[moburkes]

Bali, the court doesn't make that decision. The 2 parties do. AND, based on the fact that OPs ex-wife had to file bankruptcy, she might not have had the credit to refinance, so an order would have been worthless, because there may have been no way for the ex to comply.

 

[Bali Hai]

Bali, the court doesn't make that decision. The 2 parties do. AND, based on the fact that OPs ex-wife had to file bankruptcy, she might not have had the credit to refinance, so an order would have been worthless, because there may have been no way for the ex to comply.

If there were a dispute the court would certainly make a decision regarding who retained ownership of the mobile home. Would the wife's ability to refinance affect the courts decision?

 

[moburkes]

My opinion? They should have simply agreed to sell the damn thing, and split the profits. Then, they wouldn't have been in this mess.