Rochester22
Junior Member
What is the name of your state (only U.S. law)? GA
Husband owned house (sole title, not joint) and took out equity Loan. Later, husband filed for divorce. Concurrently, H. filed for Ch 7 liquidation. 1st Mtge lender foreclosed on house (strict foreclosure) after relief from stay; no deficiency claim ensued. Equity-loan provider did not contest foreclosure and had claims on property vacated. At the Sec 341 Hearing, the only creditor present was spouse's attorney, who presented no claim. Spouse presented no claims or objection to discharge, which was granted. Afterward, the Divorce Court held a Trial and made a property award to (ex)wife of half of the money received as proceeds from the equity loan (ironically, the equity loan had been taken out to discharge the wife's credit card debts). Can Husband proceed back to BK Court to obtain an Order of Relief vacating the portion of the state court divorce judgment that awarded the lump sum of half of the proceeds of the equity loan made by husband against the home? The loan creditor had made no claims against either party.
Husband owned house (sole title, not joint) and took out equity Loan. Later, husband filed for divorce. Concurrently, H. filed for Ch 7 liquidation. 1st Mtge lender foreclosed on house (strict foreclosure) after relief from stay; no deficiency claim ensued. Equity-loan provider did not contest foreclosure and had claims on property vacated. At the Sec 341 Hearing, the only creditor present was spouse's attorney, who presented no claim. Spouse presented no claims or objection to discharge, which was granted. Afterward, the Divorce Court held a Trial and made a property award to (ex)wife of half of the money received as proceeds from the equity loan (ironically, the equity loan had been taken out to discharge the wife's credit card debts). Can Husband proceed back to BK Court to obtain an Order of Relief vacating the portion of the state court divorce judgment that awarded the lump sum of half of the proceeds of the equity loan made by husband against the home? The loan creditor had made no claims against either party.