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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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got divorce 12 years ago ex husband got mobile home in divorce

Customer Question

got divorce 12 years ago ex husband got mobile home in divorce i was co signer on fha loan exhusband defaulted on loan collections started garnishing his wages collection agency has started calling me now for collection of debt in am currently in chapter 7 can they garnish my wages for his debt?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
If you were cosigned on this, then it technically was your debt too. You should amend your chapter 7 to include this debt, that way the debt would be discharged. Send them the notice. Just because he got the home, doesn't remove a cosigners liability to pay for the debt. if your divorce decree said he was to hold you harmless for the payments, then you need to bring him back to divorce court to enforce that clause otherwise. But, if the bankruptcy case is still open, that is the easier route to take. good luck
Customer: replied 6 years ago.
the collection acency is telling me that because it is an fha government backed loan that i could not put it in my bankruptcy,and if they are garnishing his wages arent they collecting the debt? can they still collect from me also?
Expert:  Terry L. replied 6 years ago.
If you are surrendering your interest in the home, it is 100% dischargeable. Don't believe them. They are allowed to collect from your ex. However, there is automatic stay protection (temporarily) for your ex as a cosigner on that note, so they should temporarily stop collecting until they get court approval to do so from your judge (it will be granted)
So, get them listed in your case, your lawyer can get them the right notice, and also get them to stop garnishing your ex temporarily too. Good luck.
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