QUESTION

Can my ex-husband file bankruptcy after a short sale judgement?

Asked on Sep 16th, 2015 on Bankruptcy - Michigan
More details to this question:
As a divorce settlement, my ex-husband and I settled to short sale our home which was already in foreclosure. He has refused to cooperate on the short sale process and has now filed for bankruptcy. If there was a judgment to short sale the home, will the bankruptcy delay the foreclosure and short sale? Do the judge’s orders supersede the bankruptcy? If so what is the legal code that would apply?
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The first thing you need to check is the exact wording of your divorce decree. Did the judge order the short sale or merely allow it. Did the judge order each of you to pay 1/2 the short sale deficiency as support or is the decree silent on the subject? If the decree ordered it, the you can force him to cooperate in the short sale by a contempt of court order. If the deficiency is treated as support the bankruptcy will not relieve him of this obligation. Otherwise, the bankruptcy will delay the short sale and you will be the only person liable on the short sale.
Answered on Sep 21st, 2015 at 4:00 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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As a general rule, the bankruptcy court is superior to an order out of almost any other court. So to try to argue that the bankruptcy court ought to enforce an order out of family court, you will need to file a motion in the bankruptcy court citing to provisions under 11 USC sec 523. Trust me, you will need the best legal representation you can find if you have any hope to be successful with this important issue.
Answered on Sep 16th, 2015 at 2:30 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You clearly need to counsel, and should be speaking with your divorce counsel or a bankruptcy attorney to determine what your rights are. All of these cases are driven by fax, and there are insufficient details upon which to form a further opinion.
Answered on Sep 16th, 2015 at 12:23 PM

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