QUESTION
Can I file for bankruptcy and get another house?
Asked on Jun 22nd, 2012 on Bankruptcy - Michigan
More details to this question:
I filed bankruptcy 1 year ago. My ex kept the house and is now trying to do a deed in lieu of foreclosure. I had to agree to it because I'm still on the mortgage and deed, even though I am not financial obligated for it. My question is..my fiancé is buying a house and putting me on the title(I am not on the mortgage) can they touch that house now that my old house is going back to the bank or am I protected because of my bankruptcy?
9 ANSWERS
William C. Gosnell
No.
Answered on May 29th, 2013 at 2:53 AM
Burton J. Green
I assume you filed chapter 7. Your fiancee can put you on the title. The fact that you filed bankruptcy last year will not matter. Your new ownership of the house would be subject to any creditor of yours that survived the bankruptcy and was not discharged or who became a creditor after you filed and was not included in your bankruptcy.
Answered on Jul 10th, 2012 at 3:23 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Unless you have accumulated new debt, your creditors can no longer go after you for any debts that were discharged in bankruptcy.
Answered on Jul 09th, 2012 at 2:20 PM
No-one can touch your new house on account of any debt, let alone discharged debt.
Answered on Jul 06th, 2012 at 8:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are protected from the mortgage company coming after you because the debt was discharged.
Answered on Jul 06th, 2012 at 7:58 PM
Bankruptcy Law Attorney serving Madison Heights, MI
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Able Legal Services, PLC
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Once you file Bankruptcy and receive a discharge, all debts accept most student loans, and some IRS taxes are discharged. Any creditor who has been included in your bankruptcy, and discharged who comes after you will be in violation of the discharge order. So, the answer is No. They can not come after your new house.
Answered on Jul 06th, 2012 at 4:15 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You are mixing two ideas. The mortgage is secured against the house and only against the house. The lender can not come after you. That has nothing to do with the bankruptcy. If you are getting the property from your fiance, the only question is what you are getting, one-half of the equity, or only equity from this time on. You should see a lawyer.
Answered on Jul 06th, 2012 at 3:15 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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After bankruptcy you can obtain real estate; it does not become part of the bankruptcy estate.
Answered on Jul 06th, 2012 at 2:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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From the information which you have provided it would appear you have been discharged on the obligations regarding the former residence and therefore could be placed on the title of new residence, however I cannot be sure and therefore you should see an attorney before making a commitment that could cause you trouble.
Answered on Jul 06th, 2012 at 2:03 PM