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  1. #11
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Ex's Chapter 7 Bankruptcy

    I assume the $30,000 is his arrears on the mortgage or are you also talking about future mortgage payments after you re-finance. Is he seeking to discharge his liability to you in the bankruptcy? Unless you file a motion to avoid a discharge of the $30,000, the court so orders it non-dischargeable, you will have no further recourse on trying to collect it. It seriously sounds like you need to beg or borrow a retainer for a bankruptcy attorney to represent your interests as a creditor in your ex's bankruptcy AND as a co-owner of the property securing the mortgage.

    Contact your local bar association for list of local bankruptcy attorneys that do pro bono (free) work. Sometimes the bankruptcy court will award attorneys fees.

  2. #12
    Join Date
    Feb 2007
    Posts
    14

    Default Re: Ex's Chapter 7 Bankruptcy

    The $30,000 is his share of the mortgage (1 1/2 years in mortgage payments that he lived in the house and didn't pay) and arrears.

    I have two attorneys (divorce and bankruptcy) working on this case, which is the reason money is so tight now. My bankruptcy attorney originally told me I didn't have to object to the discharge of the debt, thanks to the new bankruptcy laws pertaining to divorce obligations. But, he called me last night and told me he was going to file one anyway "just in case".

    My two attorneys are in disagreement as to how this all should be handled. So, after thousands of dollars later, I am out here trying to figure this mess out for myself.

  3. #13
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Ex's Chapter 7 Bankruptcy

    Yikes.....then, I suggest you follow the bankruptcy case closely using the voice case information number on the court's website.....so that you can be sure your attorneys don't miss any critical deadlines.

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