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  1. #1
    Join Date
    Apr 2010
    Location
    Michigan
    Posts
    2

    Default Ex Filing for Bankruptcy on Joint Accounts

    My question involves bankruptcy in the state of: Michigan

    we are in Michigan and last year when my husbands divorce was final his ex got the house, the harley and the equity loan. It states in their divorce decree that he is not responsible for them. It also states that she can not be more than 60 days late or he can put the house up for sale....what a joke. It also states that he has to work with her during a remodification, which she has attempted 3 times and was denied due to financials, which is why the house has not been up for sale. Anyway, we were notified that the sheriff was suppose to be March 26th now for some reason it's rescheduled for April 9th and this weekend we just received a letter stating she filed for bankruptcy March 25th, 2010. Now where does he stand, the divorcee decree states he's not responsible but his name is still on the joint loans??? She had 2 years to get his names off the loans. She is filing Chapter 7 Any advice would be appreciated

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex Filing for Bankruptcy on Joint Accounts

    Your husband can talk to the lenders on the mortgages about his options to protect his credit while the bankruptcy is pending. Once the automatic stay is lifted, he can seek to enforce his divorce decree in the divorce court. The property distribution provisions of a divorce judgment are not dischargeable in bankruptcy, even if the debtor's obligation to the creditor has been discharged.

    Realistically, your husband would benefit from working with a lawyer.

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