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.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

When I sold my house in NH I had to setup an escrow account

Resolved Question:

When I sold my house in NH I had to setup an escrow account because my ex had converted a loan to a mortgage. NH said it was his sole responsibility to pay. He didn't pay it and went bankrupt in Mass and listed the loan as unsecured(he had signed the house over to me with a quitclaim deed) and I had to pay his debt. Shouldn't he have listed his duty to indemnify(reimburse) me on his filing (maybe as a priority claim)?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi JACustomer,

Customer:

Hi.

cfortunato :

If the loan/mortgage was in your husband's name only, why were you responsible for the debt?

Customer:

Because they held the money and he never paid so I got stuck with it.

cfortunato :

I see - because he didn't pay the mortgage, the money was taken from the sale of the house?

Customer:

yes.

cfortunato :

There is no priority classification for this type of mortgage.

cfortunato :

Did you sign anything allowing your ex-husband to secure his loan with the house you also owned?

Customer:

Shouldn't have his duty to reimburse me for his debt been listed?

Customer:

No, I never signed it or knew about it until after our divorce.

Customer:

He never told the court either.

cfortunato :

Had your ex-husband agreed to pay you for this loan/mortgage?

cfortunato :

Did your ex-husband have any assets that had to be surrendered to the Bankruptcy court and distributed to his creditors?

Customer:

No, but the Court said it was his sole responsibility to pay. I told his bankruptcy lawyer about it.

Customer:

No assets.

cfortunato :

Since he did not owe the money to you, your ex-husband did not have to list you in his Bankruptcy petition.

cfortunato :

However, since you were not listed, you can sue him for the money.

Customer:

But he did owe me once I paid it per the indemnification clause in our divorce decree

cfortunato :

Then your husband did owe the money to you, and this debt should have been listed on his Bankruptcy petition.

Customer:

Do you think his lawyer did something wrong if he knew I was going to get stuck with his debt?

cfortunato :

Additionally, this type of debt is not dischargable in a Bankruptcy.

cfortunato :

If his Bankruptcy attorney knew about the agreement, it was wrong for him to not put it in the Bankruptcy.

Customer:

Actually when he filed the debt wasn't paid yet. They waited until two months after his discharge to take the money.

Customer:

His attorney said the debt wasn't secured because he had signed the house over to me.

cfortunato :

Where was the loan money before the loan was converted to a mortgage?

Customer:

I think "Indemnification" is standard in Divorces and he should have known.

Customer:

He had never been paid so they secured it with the mortgage.

cfortunato :

Since your ex-husband has not complied with the divorce decree, he is in comtempt of the divorce decree. You can go to the clerk at the court that issued the divorce decree and ask to file a contempt motion based on the fact that your ex-husband did not comply with the decree.

Customer:

He had moved to Mass and the case was there. Even though he wrote that he owed me the money they said I didn't meet my burden of proof that the money was mine (he is a Mass cop). He moved back to NH and they said it was decided in Mass. I now filed an contempt under the Indemnification clause for reimbursement.

cfortunato :

Who said you didn't meet your burden of proof?

Customer:

Judge John Cronin in the Salem Family Court.

cfortunato :

How could you not meet your burden of proof when it clearly states in your divorce decree that he had to pay the money to you?

Customer:

Your guess is as good as mine.

cfortunato :

That was the result of the motion for contempt in court?

Customer:

I know you are a bankruptcy lawyer and I just wanted to know if you thought his bankrupty lawyer did anything wrong?

Customer:

Yes.

cfortunato :

Yes - I do, because he should have listed you on the Bankruptcy petition.

Customer:

The Court mentioned that he had filed bankruptcy. Of course that had nothing to do with what he owed me.

Customer:

Even though at the time he maybe didn't owe me the money because it was still in escrow?

cfortunato :

If he did not owe you the money at the time the Bankruptcy was filed, it is okay that you were not listed on the Bankruptcy.

cfortunato :

His Bankruptcy attorney is very, very clever.

Customer:

But if he was granted a discharge on the debt and I had to pay it he did.

Customer:

That is one word for it.

Customer:

Sean Gleason - if you know him.

cfortunato :

There is one last recourse for you - you can sue your ex-husband in regular court for the money he is supposed to pay you.

Customer:

I still have a contempt hearing on May 16th.

Customer:

"The advocate (attorney) has a duty to use legal procedure for the fullest benefit of the client’s cause, but also has a duty not to abuse legal procedure." Do you think this applies?

cfortunato :

Yes - of course.

Customer:

Thank you for your help.

cfortunato :

You're welcome!

cfortunato :

Please don't forget to hit the "ACCEPT button.

cfortunato :

Thank you!

Customer:

I will - but I am just waiting for confirmation that I am still on the free trial.

cfortunato :

Okay!

Customer:

Thanks again.

cfortunato :

You're welcome again.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

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.