Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
If the loan/mortgage was in your husband's name only, why were you responsible for the debt?
Because they held the money and he never paid so I got stuck with it.
I see - because he didn't pay the mortgage, the money was taken from the sale of the house?
There is no priority classification for this type of mortgage.
Did you sign anything allowing your ex-husband to secure his loan with the house you also owned?
Shouldn't have his duty to reimburse me for his debt been listed?
No, I never signed it or knew about it until after our divorce.
He never told the court either.
Had your ex-husband agreed to pay you for this loan/mortgage?
Did your ex-husband have any assets that had to be surrendered to the Bankruptcy court and distributed to his creditors?
No, but the Court said it was his sole responsibility to pay. I told his bankruptcy lawyer about it.
Since he did not owe the money to you, your ex-husband did not have to list you in his Bankruptcy petition.
However, since you were not listed, you can sue him for the money.
But he did owe me once I paid it per the indemnification clause in our divorce decree
Then your husband did owe the money to you, and this debt should have been listed on his Bankruptcy petition.
Do you think his lawyer did something wrong if he knew I was going to get stuck with his debt?
Additionally, this type of debt is not dischargable in a Bankruptcy.
If his Bankruptcy attorney knew about the agreement, it was wrong for him to not put it in the Bankruptcy.
Actually when he filed the debt wasn't paid yet. They waited until two months after his discharge to take the money.
His attorney said the debt wasn't secured because he had signed the house over to me.
Where was the loan money before the loan was converted to a mortgage?
I think "Indemnification" is standard in Divorces and he should have known.
He had never been paid so they secured it with the mortgage.
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.
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.
Who said you didn't meet your burden of proof?
Judge John Cronin in the Salem Family Court.
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?
Your guess is as good as mine.
That was the result of the motion for contempt in court?
I know you are a bankruptcy lawyer and I just wanted to know if you thought his bankrupty lawyer did anything wrong?
Yes - I do, because he should have listed you on the Bankruptcy petition.
The Court mentioned that he had filed bankruptcy. Of course that had nothing to do with what he owed me.
Even though at the time he maybe didn't owe me the money because it was still in escrow?
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.
His Bankruptcy attorney is very, very clever.
But if he was granted a discharge on the debt and I had to pay it he did.
That is one word for it.
Sean Gleason - if you know him.
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.
I still have a contempt hearing on May 16th.
"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?
Yes - of course.
Thank you for your help.
Please don't forget to hit the "ACCEPT button.
I will - but I am just waiting for confirmation that I am still on the free trial.
You're welcome again.