Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.
The fact that your husband did not list the family home in his Bankruptcy papers would not affect a divorce division of assets.
How could he exclude the home in his bankruptcy when his name is on the deed?
He was supposed to include the family home.
If the Banruptcy court finds out about the house,
he may be required to pay part of his share of the home's equity.
ok.... so meaning after the assets are split, he may have to pay his discharged debts from his 50%. How would the bankruptcy court find out per se?
The main way the Bankruptcy court finds about assets that were not disclosed is by someone telling the court.
It is highly unlikely that the court would find out unless someone told the court.
the court trustee does not do title checks?
and is there a time limit on when the court can ask to pay back debts?
Bankruptcy trustees do property searches while a Bankruptcy is in proress, not after a Bankruptcy case has been closed.
There is no Statute of Limitations for this. If the Bankruptcy court ever finds out about the property, they may be able to take part of his equity.