Lots of loopholes...need advice!

[salzman3]

My husband filed Bk just before the deadline last year. It was only to include his credit cards. My name was never on these cards. He went to the hearing and I believe has been discharged...
Here's the tricky part. On Saturday, I checked the mail and got paperwork from an attorney saying they represent my mortgage company and have filed a motion for relief from automatic stay. The paperwork said we had failed to make any payments (untrue... we missed one payment, only because they wouldn't accept it late and they put us on a repayment plan that broke up that pymt and added it to the next several payments--since then we've made almost $4000 in payments-ALL ON TIME). And these papers also said we have no equity in our home (also untrue because we just had our home assessed in August and have almost $20,000 in equity--pretty good for only owning our home for two years). I called my mortgage company and they said they didn't know anything about this.
I am so confused! I've never dealt with anything like this before. I bought my house at 19, now I'm thinkin' I probably should have had more experience under my belt). I don't know how this lawyer can do this if it has anything to do with my husband's bK because my name isn't on it, but it is on our house. We have no intention of skipping out on our house. I have a one year old and want to keep him here. What do I do? What does all this mean?
thanks
Rikki

[bkfiler]

since an asset is involved i would seek advice from an attorney asap. if you had an attorney in the bk process thten i would go directly to him. he knows your case.


so others can help answer your questions better...

can you give the details of your case? still in bk? done with 341? closed? chapt 7? etc.

what did you do with the house on the bk forms?

[jennga]

Ok, so your husband bk's by himself and his name is with your on the house. We had similiar situation only in reverse, I bk'd, our house is in both names. All we had to do was for me to sign a reaffirmation agreement. Lawyer checked it out thoroughly before we did anything as we did not want to jeopordize the house or my husbands credit record.

Did your husband sign a reaffimation agreement? We continued to pay on our house throughout the automatic stay but had to call them and tell them we wanted to continue paying as they could not legally send us a bill. It worked out ok, they just had us send our payment to a different addy during the bk process, apparently part of the company that handles bk.