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[ammi]

We've been separated for a couple of years now and I just received observe that my ex filed for bankruptcy. They advised me that I need to be in the creditors meeting due to the fact the house I at present possess(decided in the breakup) totally and that my ex does not have privileges to will be bankrupted on. I've my divorce decree showing that I get the residence and that my ex has no legitimate possession of the residence. Is this achievable... what need to I try to do(ideally with no lawyer - money is really tight at this time). Please assist...

[jarah]

Odds are that doesn't imply considerably of something. Right here is my ideal guess as to what is going on.   Beneath the law, he(your ex) had to list all of his debts and those to whom he owed income. So, he had to list the  mortgage organization, given that the divorce didn?t relieve him of his obligation to pay the mortgage. His lawyer almost certainly listed you on the schedule as a co-debtor.   As long as you are not in default of the mortgage, you must be okay. If you want to go to the creditors? meeting, it is your right and privilege. But, unless he owes you funds and you want to assert some sort of claim, there genuinely isn?t a reason to go, assuming that you have something else to do with your time.   You don?t have to do anything in terms of legal proceedings, unless and till the mortgage firm takes some action. If you are existing on your payments and have the insurance necessary beneath the mortgage, I doubt that they will act, given that the final thing that they need is one more foreclosed property at the moment.   You would be well advised to phone the office of a consumer bankruptcy lawyer in your area to ask about it, in case I have missed some thing.  (Don?t worry about obtaining a bill for a few minutes on the phone. Most bankruptcy lawyers spend a lot of time on the phone giving out free of charge suggestions as a PR move.)   Good luck! Sources: personal expertise   Snow_Leopard's Suggestions Individual Bankruptcy Laws For Dummies(For Dummies(Enterprise & Personal Finance)) Amazon List Cost: $19.99 Utilized from: $7.94 Average Client Rating: four. out of 5(primarily based on two critiques) Snow_Leopard 63 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Jianguo]

So, when you got your divorce and have been awarded full ownership of the residence, did your former spouse sign a Quitclaim Deed, granting you his complete ownership interest in the house, and if so, then did you have that filed with the Land Deed Records of the county/parish and state in which the home is positioned?  And was there a new Warranty Deed issued, did you redo your mortgage so that you're the only particular person listed as mortgagee?  The bankruptcy court looks at legal records, liens, mortgagors, UCC filing statements. Agreements notwithstanding, if you in no way got the paperwork accomplished so that all lienholders and mortgagors know that you are the only mortgagee, and if those records were not filed in the land deed records as prescribed by the laws of your state, then your "ex" nevertheless looks like the residence is partly his simply because the legal items weren't accomplished in order for him to be taken off.   Contact your state's bar association and see if they have a pro bono contact-in day, or if they can suggest a pro bono lawyer to aid you IF you have a valid mortgage in YOUR name only and IF you have FILED copies of at least the Quitclaim Deed.  Otherwise, I never know what type of help that could be offered, but it's worth a attempt.

[domenic]

Right here is my very best guess as to what is going on.   Under the law, he(your ex) had to list all of his debts and those to whom he owed money. So, he had to list the  mortgage firm, considering that the divorce didn?t relieve him of his obligation to spend the mortgage. His lawyer probably listed you on the schedule as a co-debtor.   As long as you are not in default of the mortgage, you should be okay. If you want to go to the creditors? meeting, it is your right and privilege. But, unless he owes you funds and you want to assert some sort of claim, there actually isn?t a cause to go, assuming that you have something else to do with your time.   You don?t have to do anything in terms of legal proceedings, unless and until the mortgage firm requires some action. If you are present on your payments and have the insurance essential beneath the mortgage, I doubt that they will act, considering that the final factor that they need to have is yet another foreclosed house at the moment.   You would be properly advised to telephone the workplace of a customer bankruptcy lawyer in your region to ask about it, in case I have missed anything.  (Don?t be concerned about obtaining a bill for a couple of minutes on the telephone. Most bankruptcy lawyers spend a lot of time on the telephone providing out totally free suggestions as a PR move.)   Excellent luck!

[Arvil]

You are being hit as the deep pockets. They are coming after the house. They could claim that the debt is from before the divorce, and the house was placed in your custody to avoid having it shown as an asset in the bankrupcy.   It would be very very wise of you to hire an attorney to be at the meeting with you. They are counting on you being ignorant of the laws and hoping they can get you to say or do something that would attach your house to your ex's debt.   You can ask at lawguru.com and get answers from real lawyers and get referrals in your city or area. Please, only poor people do not hire lawyers to handle their legal problems. That is why they are poor.

[renshaw79]

... and because this is so important, it may be worth your money to get a lawyer.  Don;t take legal advice from people on Askville - that would be nutty.   So you were awarded the house in the divorce.  The key question is: do you have deed papers(filed with the County Clerk where you live), that shows the title to your house in YOUR NAME ONLY?  It's one thing to be awarded the rights in a divorce, and quite another to record the change of ownership with the state or the county.   You should be able to determine this by looking at your property tax bill which would show what the county thinks is the proper ownership.   If his name is still on the deed, you'll have to bring in the divorce paperwork and hope for the best.  That's why the cost of an attorney may be worthwhile.

[Gavriel]

Whether money is tight or not, get an attorney!!! Unless you want to risk losing your home. At the divorce, or shortly afterward, did you take out a loan for the remaining mortgage, and was your husband's name taken off the deed?  If not, you could be seriously in trouble, because he may have taken out an equity loan against the property, or he could still be on the original mortgage.   Having a divorce decree is not going to be a valid legal defense if you didn't take over the mortgage and take him off the deed.   Schelli's Recommendations Divorce For Dummies(For Dummies(Psychology & Self Help)) Amazon List Price: $19.99 Used from: $2.00 Average Customer Rating: 4.0 out of 5(based on 5 reviews) Schelli 63 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.