How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I am in the State of Florida, USA. I am contemplating bankruptcy

Resolved Question:

I am in the State of Florida, USA. I am contemplating bankruptcy after a divorce. We have two loans that are held jointly: one car loan and an unsecured water softener loan. In the decree I was given the house. I am on the deed but the ,mortgage is in her name. I am making the payments. So my question is:1. if I file bankruptcy will they go after her for the balance? Can she just continue to make payments on the existing loans? 2. Since the decree states that I get the house, does she have any leg to stand on to try to get the house from me by going back to divorce court after I file bankruptcy?3. do i need to reaffirm the mortgage even though I'm not on the loan (I am on the deed)I know these area lot of questions ive been unsuccessful in getting straight answers from local lawyers. I need help, please.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

Hi JACustomer,
Given the information you provided -
1) Your Bankruptcy filing will not affect her mortgage. In other words, the mortgage cannot "call in" the mortgage if you file a Bankruptcy.
2) Your Bankruptcy filing will not create grounds for changing the divorce decree or property distribution.
3) You cannot re-affirm a mortgage that is not in your name.

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

Customer: replied 2 years ago.
The only part I am unclear on is if I have my responsibility discharged in bankruptcy, will creditors go after her? It's a credit union loan if that makes any difference. My concern is that if they go after her, I'd be in violation of the decree.
Expert:  cfortunato replied 2 years ago.

When you said the mortgage was in her name, I assumed it was not in your name.

Is the mortgage in your name also?

Customer: replied 2 years ago.
No it's ( the mortgage) is in her name..... But the other loans are joint
Expert:  cfortunato replied 2 years ago.
Last question:
Per the terms of the divorce decree, are you supposed to pay the mortgage money to your ex-wife or directly to the mortgage company?
Customer: replied 2 years ago.
Mortgage company
Expert:  cfortunato replied 2 years ago.

Your Bankruptcy filing will not affect the mortgage because it is not in your name. In fact, there is no reason for the mortgage company to know you filed, as the mortgage company would not be included as a creditor on your Bankruptcy paperwork.

You have no responsibility to the mortgage company, so there is nothing to discharge.

Additionally, if you no longer want to pay the mortgage, your obligation to pay - per your divorce decree - can also be discharged. This means you would not be in violation of the divorce decree.

What you described is a common scenario. Your ex-wife's attorney should have set it up so that you had to pay your ex-wife directly. If this had been done - and many divorce attorneys do not know enough about Bankrutpcy Law to properly protect their clients - your obligation to pay the mortgage would not have been dischargeable. Bankruptcy Stat. 523(a)(15).

(Of course, if you do stop paying the mortgage, the house will be subject to foreclosure.)

Customer: replied 2 years ago.
Thank you I'm going to send you some extra $ for being so helpful. One last clarification. If I discharge the joint car loan and unsecured loans, can the creditors go after her?
Expert:  cfortunato replied 2 years ago.
The joint debt creditors can go after your ex-wife if you stop paying those debts - whether or not you file a Bankruptcy.
In other words, it is not the Bankruptcy filing that allows them to go after her - it is the fact that the debts are not being paid.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Ah I see.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.