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TMcJD, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Attorney
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Can I file a chapter 13 alone for an automatic stay (home in

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Can I file a chapter 13 alone for an automatic stay (home in foreclosure) if my husband is also on the loan?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  TMcJD replied 6 years ago.

Yes. The point of foreclosure is to terminate your property interest in the home so that it can be sold. Since you are a joint owner of the property (I assume that is the case since you are a co-signer on the loan with your husband), any foreclosure proceeding has to be against both you and your husband. Thus, if either of you files for bankruptcy, the bank really cannot proceed. They could, of course, still terminate his interest (theoretically), but they cannot terminate yours and that would prevent them from doing what they really need to do -- which is terminate both interests.


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