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  1. #1
    Join Date
    Jan 2010
    Posts
    8

    Default Obtaining Debtor's Compliance After an Adversary Proceeding

    My question involves bankruptcy in the state of: KY

    I co-own a home with my ex (never married). In his Chapter 7, then converted to Chapter 13 BK, he indicated he wished to "surrender his interest in the property." I want to keep the home, and the mortgage company has agreed to work with me on a loan modification if ex signs a quit claim deed.

    Even though ex testified under oath that he'd sign the QCD at the meeting of the creditors, when the confirmation hearing was held, ex still would not sign it. My attorney had filed adversary proceeding in Chapter 13 BK case. BK judge ordered the quit claim deed signed, and said he'd confirm ex's BK upon signing the QCD.

    If ex continues to refuse to sign the QCD, what other options do I have, or what can the BK court do? Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Obtaining Debtor's Compliance After an Adversary Proceeding

    Why don't you believe your ex- would obey the court's order? Your ex- would rather mess up his own Chapter 13 plan and risk being held in contempt than do what he agreed to do?

  3. #3
    Join Date
    Jan 2010
    Posts
    8

    Default Re: Obtaining Debtor's Compliance After an Adversary Proceeding

    Yes, as I explained briefly in the other post, my ex is very vindictive. His attorney states he has "beat ex over the head" to get him sign the QCD, but ex refuses. When the BK judge asked ex's attorney why he would not sign it, the attorney just threw his hands up. I need to know what can be done on my end or by the BK court.

  4. #4
    Join Date
    Jan 2010
    Posts
    8

    Default Re: Obtaining Debtor's Compliance After an Adversary Proceeding

    Any ideas on what else I can do to get it signed or enforce the court's order?

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