My question involves bankruptcy in the state of: MA
Hi, my friend and her husband recently, bout 3 months ago, both filed chapter 13 bankruptcy (jointly I believe, but not for sure) for the sole purpose of staving off the pending foreclosure on their house (located in MA), which is in both their names, (the foreclosure was cancelled and their loan re-modified, with past due pymts included in bankruptcy) she desperately wants out of the marriage, and home, but is afraid of getting stuck with 1/2 of the mortgage debt when she leaves, as she knows he will also walk away from the house 'cause he can't afford it by himself.
Question is, say she does leave, and he also walks on the house and it goes back into foreclosure (they are well over $100,000 upside down on the house, and he WILL NOT agree to selling the house at this point, period, with a short sale or what not), can she have her bankruptcy filing adjusted to include her portion of the remaining mortgage debt after foreclosure, in order to get it discharged, and if so, within what time frame from the original filing? Or re-file chapter 13?...whichever so that she can make sure she can wipe out that debt.
She could very well be my future wife, assuming we can get this figured...
Your help would be greatly appreciated!
Thank You!
James

