QUESTION

If someone files for bankruptcy, how long are they protected from creditors?

Asked on Oct 29th, 2015 on Bankruptcy - Ohio
More details to this question:
We purchased land with another couple. The couple fell on hard times and only the husband filed for bankruptcy. My husband and I continued to pay the mortgage on the land. They stopped paying anything toward the mortgage. We have been carrying this mortgage payment alone for years. The land is valued less than the mortgage. We are trying to sell the land. Can we sue them both? Or do we need to sue the wife since she never filed for bankruptcy?
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4 ANSWERS

Bankruptcy Attorney serving Schenectady, NY
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Forever from the ones that he filed in the bankruptcy.
Answered on Oct 30th, 2015 at 6:17 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The lawsuit protection from filing bankruptcy is permanent, you can never sue the husband. You can only sue the wife. The question is whether you can successfully sue the wife. What do you want? Ownership of the property without them, that's possible. I doubt you can win any money from her unless you have a written contract which specifies her obligation to pay for the property.
Answered on Oct 30th, 2015 at 6:45 AM

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Debts discharge in bankruptcy cannot EVER be collected. Debts which are accrued during marriage are "community debts" and are discharged to the non-filing spouse. An exception would be in the event your person "re-affirmed" the debt. This is asking a judge to sign off on continuing to pay and is often done on the debtor's primary residence. It would be unlikely to even be attempted in this case. Ideally you would have put a partnership agreement in place which forced the signing over of the other couple's interest in the event of bankruptcy. If they are still on title, you need still need their sign off to sell the property.
Answered on Oct 30th, 2015 at 6:45 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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If the bankruptcy concluded with a discharge of debts, you can never sue the husband. It is not clear whether you have any basis for suing the wife either. An attorney would need to review your contract in which you purchased this land to say for sure what can be done.
Answered on Oct 30th, 2015 at 6:45 AM

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