Included my primary residence home in my Chapter 7 filing

[saddebbie]

Hello all, a while back I had my Chapter 7 Bankruptcy dischaged.
In that Bankruptcy 7, I included my home which is my primary residence. I continued to make my payments on the house after the Bankruptcy 7 discharge. My spouse did NOT file for Bankruptcy (Only myself).
The primary residence home in question is in both of our names (deed / title and the 2 Chase Mortgage loans as it's an 80 / 20 loan)

I am looking to sell it via a short sale and I have a buyer.
I am worried about a deficiency judgment. Does my prior Chapter 7 Bankruptcy which included this house in my Chap 7 filing protect me from a future deficiency judgment? Keep in mind my spouse did NOT file for Bankruptcy 7. Would my spouse be liable potentially down the road for a deficiency judgment?

With my bankruptcy 7 filing, I did indicate I wanted to re-affirm thaty mortgage BUT I never signed any reaffirmation documents at all.

So basically, I feel confident that I am protected from a possible future deficiency judgment but I am not sure about my spouse.

Any help would be appreciated!

[saddebbie]

Any thoughts on this one? By the way, we live in Florida. I am not sure if that helps.

[StartingOver08]

Florida is not a community property state. The debt has been discharged in Ch 7 so you are in the clear. HOWEVER, your husband did not file and is still on the hook.

As to whether Chase will come after your husband for the deficiency, that would be determined by the terms of the short sale. If the short sale is negotiated where Chase will not pursue the deficiency against him, then he is safe.

[helpinNE]

I would try and talk to your BK attorney about this. I would guess that if your spouse is on the loans but not included in the original BK, then yes, the banks would be able to hold your spouse responsible for any deficiency amount.

[saddebbie]

Would my spouse only be responsible for 50% of the deficient amount of 100% of the deficient amount?

[keepmine]

The non filing spouse is on the hook for 100% of any deficiency balance.