Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.
If your name is XXXXX XXXXX the mortgage, you're still responsible for the debt despite the divorce decree. Also, if he files Chapter 13, it should stop the foreclosure and allow him to pay the mortgage at a reduced rate to be approved by the court.
However, your credit will likely show that this loan is in default, but should not show anything about the bankruptcy.
The only thing you can do is file a motion for contempt with the divorce court, state that he has failed to refinance in his name to remove your liability on the loan and now he's filing bankruptcy, the loan is in default, etc.
The divorce court can hold him in contempt until he gets you off of the loan. However, the court can't force the bank to release you.