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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband has filed for chapter 7 bankruptcy and received

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My husband has filed for chapter 7 bankruptcy and received a discharge in March 2011. All of the debt was incurred by him alone so I was not included in the bankruptcy and none of the creditors attempted to hold me responsible for any of the debt. Just when we thought everything was over, the trustee called my husband in for a rule 2004 examination during which he proceeded to threaten to make my life miserable by going after the assets being held in my name. My husband has always had bad credit so the house we live in, which I bought in 1994, has always been in my name only. I also have two other properties. One in the VI which my husband transferred to me in 1994 and one which I purchased on my own in October 2011. My husband's chapter 7 bankruptcy filing was in May 2011. He intially filed under chapter 13 but it was converted to 7 after it was clear that he did not have enough assets or income to pay anything. My question is, can this trustee come after me although I have no liability for any of my husbands debts (which I begged him to stop incurring over the years)? I have always been the primary income earner. I paid most of the bills while he had an income and I have been paying all the bills over the past 4 years with minimal and sporadic contributions from him. Is there a way to seek an injunction against the trustee's actions if they have little merit and are intended to harass me into making a settlement on my husband's behalf? Is there any other action that you would recommend?
Please send you response toXXX@XXXXXX.XXX.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

1) When were you married?

2) You said you purchased a house in October 2011. Did you mean 2010?

3) What money was used to purchase that house?

4) What money was used to purchase the house in the VI?

Customer: replied 3 years ago.

1) We got married in 1991.

2) I meant 2010.

3) I used money from a line on my house.

4) The VI house was inherited by my husband. He transferred it to me prior to my purchasing the home we live in.

Expert:  cfortunato replied 3 years ago.
What money was used to purchase the home you purchased in 1994?
Customer: replied 3 years ago.

Both my husband and me. I don't remember how much of it came from him.

Expert:  cfortunato replied 3 years ago.
In New York all property obtained by either spouse during the marriage belongs to both spouses, unless the property was obtained with separate funds - an inheritance or money that spouse had before the marriage. This fact cannot be changed by transferring the property into one spouse's name only.
The 1994 house belongs to both of you, even though it is in your name only.
The VI house belongs to your husband only (because an inheritance), even though it is in your name.
The 2010 house belongs to both of you, even though it is in your name only.
Unfortunately, the Bankruptcy trustee does have the right to 1/2 of the equity in the 1994 home, all of the equity in the VI home, and 1/2 of the equity in the 2010 home.

I think this is what you wanted to know. If not, please let me know.
Thank you!
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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