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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37864
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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ex-spouse is filing bankruptcy. how will this affect me. have

Customer Question

ex-spouse is filing bankruptcy. how will this affect me. have a mortagage and a second mortgage in both names. will those creditors come after me for their money.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Once your ex is discharged in bankruptcy he/she will have no further liability for the debts. Therefore, the creditors will only be able to sue you for any unpaid loan balance.


There is an exception for debts incurred in connection to a divorce. So, if the divorce court ordered you and your ex to pay off the mortgages, then that may permit you to avoid your ex's bankruptcy discharge. This is a particularly complicated issue, which would require a careful review of your divorce decree. So, if it becomes an issue, you may want to have a local bankruptcy lawyer examine the decree to determine whether or not your ex is really discharged from the mortgage debts.


Hope this helps.


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