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  1. #1
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    Oct 2017
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    Wife filed bankruptcy without husband

    I filed bankruptcy alone, ( lost my job and had credit card debt) my husband pays all of the household bills so they did not include any of his debt or include the home equity (my name is also on the home) in my CHAPTER 13 BANKRUPTCY. My question is this- can we sell our home? Will they want a portion of the profit of the sale? We are trying to relocate and would need that money for a down payment for another home.


  2. #2
    Join Date
    May 2004
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    76,812
    Quote Originally Posted by sweetpeachjamie View Post
    I filed bankruptcy alone, ( lost my job and had credit card debt) my husband pays all of the household bills so they did not include any of his debt or include the home equity (my name is also on the home) in my CHAPTER 13 BANKRUPTCY. My question is this- can we sell our home? Will they want a portion of the profit of the sale? We are trying to relocate and would need that money for a down payment for another home.
    That would be a good question to ask your bankruptcy attorney.


  3. #3
    Join Date
    Jan 2005
    Location
    California
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    71,240
    Speak to your bankruptcy attorney.


  4. #4
    Join Date
    Apr 2009
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    5,575
    Quote Originally Posted by sweetpeachjamie View Post
    I filed bankruptcy alone, ( lost my job and had credit card debt) my husband pays all of the household bills so they did not include any of his debt or include the home equity (my name is also on the home) in my CHAPTER 13 BANKRUPTCY. My question is this- can we sell our home? Will they want a portion of the profit of the sale? We are trying to relocate and would need that money for a down payment for another home.
    Are you saying that your bankruptcy Schedules of assets and liabilities are completely silent as to the home, the mortgagee, the equity in the home and your marital debts?

    If so you could be in a world of hurt. Did you not read this admonition prefaced to your "Declaration About Individual Debtor's Schedules"?:

    "You must file this form whenever you file bankruptcy schedules or amended schedules. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571."


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