Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question #1: Will your creditors go after your wife once you are discharged in bankruptcy?
Answer: No, unless her name is XXXXX XXXXX a co-owner or joint owner on any debt. If the debt is in your name only, it will not affect your ex-wife. However, if she is on the accounts she will become 100% liable for the entire debt as only you are discharged.
Question #2: You personally guaranteed a few business loans in the past. If the business defaults, and the bank looks to you for liability will you be liable after you file Chapter 7?
Answer: No, you will list the business loans as creditors on your schedules and they will be discharged in your bankruptcy. The loans will be discharged as far as you are concerned and they will not be able to hold you liable. Be sure you list ALL creditors in your bankrutpcy schedules.
Question #3: On the properties you currently own jointly, what should she do after divorce to remove all my names from the deeds and joint mortgage?
You can quit claim deed your interest to your Wife on any properties jointly held, this will give her sole ownership. There may be some property tax implications so make sure you understand what the transfer of ownership entails for the properties. The mortgage is a different story. The lender very well may not remove your name from the mortgage, and if you declare bankruptcy you will have to list the mortgage company as a creditor, It could cause problems for your Wife, they may not take payments from her until the bankruptcy is discharged as they will get the bankruptcy notice of filing.
Of course you should talk with your lender and tell them that subsequent to a divorce property settlement she is getting the property and see if they will remove your name (this is the optimal situation), if this happens you are good to go. They may just do this, every lender is different Her other option would be to refinance the property in her name only. Make sure when you speak with your bankruptcy attorney you explain that you want her to take over the mortgage and what is the best way to go about making that happen.
Thank you for your confidence! I practice in Florida and we are not allowed to retain clients through this service. You can always check out Martindale Hubble at martindale.com for a list of very good attorneys in your area.
As for your situation after you are discharged from bankruptcy, you are going to be taking personal bankruptcy, not business bankuptcy (Chapter 11), so you will be able to form corporations, etc, and any debts owed by the "business" are not included in the bankruptcy unless you personally guaranteed them. You may be affected by loans and loan rates, but you will be able to find someone to give you a loan, personal bankruptcy or not.
Again, once you retain a bankruptcy attorney, go over all these concerns, let them know any future plans you may want to execute and they will direct you in the proper direction.
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