QUESTION

i am thinking of bamkruptcy ,in my divorce my ex hept the house and will not take my name off the note .can i also claim the house on the banlrupcy

Asked on Dec 01st, 2012 on Bankruptcy - Oklahoma
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Matrimonial and Family Law Attorney serving Erie, PA
2 Awards
Yes, you can and you should.  On the other hand, if you were ordered to pay any of the debts and to hold him harmless in the divorce, you have to give careful consideration to filing chapter 13 instead of chapter 7.  While a chapter 7 will wipe out the debt you owe to the creditor, it will not wipe out the divorce decree obligation to hold your ex harmless.  So, if he is also liable on such debts, you would have to pay them anyways just to assure they don't go after him.  In chapter 13, you get a discharge at the end of the plan from both the debt to the creditor and the obligation to hold the ex harmless.
Answered on Dec 01st, 2012 at 9:50 AM

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