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 Roger Your Own Question

Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26093
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My brothers wife has filed for divorce. She also filed for

Resolved Question:

My brother's wife has filed for divorce. She also filed for Chapter 13 bankruptcy during the pendency of the divorce. While married but prior to filing for divorce & prior to her filing bankruptcy, they purchased a house and have a mortgage. They are each on the note for the mortgage. She is living in the house. At the time of bankruptcy, the mortgage was 4 months in arrears ($2000). Can the wife be relieved of her obligation to pay on the note because of filing bankruptcy and the husband be fully liable for the monthly mortgage payments yet the wife be allowed to live in house? What can my brother do to protect himself. His wife lied on her bankruptcy forms swearing that she wasn't married and had no codebtors. Will these lies make a difference? House is in Texas as is the divorce. Thank you .
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Bankruptcy litigation attorney. Thanks for your question.

IF she filed chapter 13 bankruptcy, then his wife will not be discharged of any of her debts. Instead, a chapter 13 is a reorganization of debt, which would still require her to pay all debts - - including the mortgage. Thus, it's not likely that she will be reliever of her obligation as long as she's in chapter 13. If she were to file for chapter 7, she could be relieved of the debt and obligation to pay.

Also, who gets the house is a matter for the divorce court to decide. Usually, the court will award the house to one spouse, but the court will require the spouse receiving the house to buy out the other one. So, if she were to keep the house, the court would likely require her to assume the mortgage and relieve him of his obligation to pay.

Your brother shouldn't expect to have her receive the house in the divorce and he be required to pay the mortgage. That's not a likely result.

Also, if she lied to the bankruptcy court and claimed not to be married and had no joint debts, the bankruptcy court could throw out her bankruptcy or make her re-file. Her husband would have to file a motion in bankruptcy challenging the content of her petition.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26093
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your response. In looking at the Chpt 13 plan, it appears the court has ordered that a portion of the past due amounts on the mortgage are to be paid but not the entire amount of past due. Going forward, the each months mortgage must be paid in full. Is my brother responsible for the past amounts which aren't paid? In other words, does the Court order only requiring the wife to pay a portion of past due extinguish the remainder of past due or can lender come after my brother for those amounts? Thanks
Expert:  Roger replied 1 year ago.
Hi -

The bankruptcy court's order relieving his wife of the obligation to pay the past due amounts would only relieve HER of the debt.

Thus, the debt is still due and owing, and would have to be paid by him in order to bring the loan current.
Customer: replied 1 year ago.
That makes sense. Now, she is living in house and wants house in the divorce. If the court awards her house in divorce, shouldn't she have to pay husband as damages the past amount of mortgage which he"s liable to lender? It just doesn't seem fair for the lender to sue my brother for amounts due on a house he doesn't live. Am I missing something? thanks
Expert:  Roger replied 1 year ago.
No, I think you're right that IF the court awards her the house, then she will have to buy out his equity and should be required to pay the mortgage.

HOWEVER, the divorce court cannot terminate your brother's obligation to pay the note/mortgage because the lender's rights can't be taken away, but the court can provide your brother with the right to sue or seek indemnification from her if she defaulted and he was required to pay. Also, he could ask the court to require her to refinance in her name alone to take him off of the loan within 1-2 years of the divorce being final. HOWEVER, with her being in bankruptcy, this may be very hard for her to do.

These are things the divorce court will address, BUT he should have the right to be paid his equity in the house in addition to her having to pick up and pay the mortgage.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26093
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 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.