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    Soon 2B Ex Filing

    My husband who will soon not be is filing for bankruptcy protection. He is including the house. I am assuming that this eliminate his liability and totally put it on me? Is this correct and what can I do? I think he is planning to include me as a creditor so I can not come after him for anything.

    #2
    Do yourself a favor, get your divorce first, then file BK and clean up whats left that the X tries to stick you with....
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      I can not file BK. I filed in October 2005 and was discharged January 2006. :-(

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        #4
        Chapter 7 or Chapter 13??
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          I had a Chapter 7

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            #6
            Originally posted by StressedNTX View Post
            I had a Chapter 7
            Did you already own your home then? Did you reafirm you home loan?
            If you aren't sure you can check PACER. http://www.bkforum.com/showthread.php?t=1011
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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              #7
              No, we did not own this home when I filed. I am screwed, huh?

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                #8
                With your recently discharged CH 7, were you even able to be on the home loan that you are now worrying about, or did it have to be in your husband's name only due to your bad credit? If the loan is in his name only, then you don't have to worry about it. I can't imagine someone fresh out of BK got a home loan in his or her name, but if that is the case, well... that might kind of screw you as you have already guessed. sorry :-( hoping that's not the case.
                Filed CH 13 September 17, 2007
                Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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                  #9
                  We are both on the mortgage. The only reason I am worrying about it is because we are divorcing and he is filing for BK protection. Payments have always been on time and when I had filed BK in 2005, it was due to issues out of my control. My credit was impeccable, but I was robbing peter to pay paul because the tenents of my home I owned in another state before moving to Texas stopped paying rent. My score dropped of course, but because all my bills had been on time even my mortgage at the time, my scores were still mid to high 600's. When we bought the home the lender not only looked at my BK, but they also to my surprise looked at my overall credit before and after the BK and we still got a really good rate and I was primary.

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                    #10
                    I guess the next question is Can you swing the mortgage payments on your own? Does the home have equity?

                    The fact that you are concerned says that the answer to both is no, but I thought I would ask.
                    Filed: 10/26/2006
                    Discharged: 03/05/2007
                    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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