QUESTION

Bankruptcy question

Asked on Jan 28th, 2015 on Bankruptcy - Illinois
More details to this question:
I want to file bankruptcy but my ex wife is on the loans along with me. What will happen to the property if I file and she still has the properties and got them in the divorce but never refinanced?
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1 ANSWER

The answer is: it depends.  For a Chapter 7, any filing can be initially evaluated as follows:  The property is dependant on who owns it and whether it can be exempted.  She, by not filing, would not bring in her interest in the property into the Bankruptcy Estate.  If you can exempt (i.e. protect from creditors) your interest, any property would remain yours after the Bankruptcy.  As to the loans, any filling by you should discharge those loans as to you,  However, the creditor, if secured on property (real or personal), can assert its lien and foreclose (real) and/or repossess (personal) property.  Your wife (as co-obligor) would also remain liable as any discharge would not affect her liability to those creditors.  As such, payment from your household can still be sought. Whatever she was awarded in her prior divorce would [should ?] stay hers and remain outside the BK (as she did not file).  This is, however, provided that she did not add your name to title.  If so, see the above for the likely resultant answer.  Since this answer is fact and document driven, you should have your situation and papers reviewed by an attorney that practices Bankruptcy in your county.  You can then get a firm answer as well as advise governing a Chapter 13.  This may be the better option as it is a debt re-payment option that allows you to protect your wife as co-signor and your assets from creditors.
Answered on Jan 29th, 2015 at 5:19 AM

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