QUESTION

When I attend the creditor meeting, can I say she never made payments and it was through my business, so technically this is not her debt?

Asked on Nov 25th, 2012 on Bankruptcy - California
More details to this question:
My ex-wife is filing for chapter 7. She was awarded in the divorce, payment of a HELOC on a second home we owned that went into foreclosure. I was awarded our main house, which was quitclaimed over to me but I cannot refinance the home into my name only because my name is still on the HELOC, which she was supposed to get my name off. So, the home which was quitclaimed to me is listed as her debt also on her bankruptcy, she has never made any payments on this. I am self-employed and at the time we were married the business was owned by both of us, now just by myself. I will be attending the creditor meeting, but I need help in what I need to ask at the meeting, what I can do to get the house refinanced out of her name and how.
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2 ANSWERS

Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Why would you say anything at the creditor's meeting. I can conceive of nothing that would help you. Getting your name of the HELOC is a very different matter and you probably have claims against her for damages arising out of her not paying the obligation. This would seem like a property distribution and ? 523(a)(15) may help you but you need a lawyer.
Answered on Nov 29th, 2012 at 5:04 AM

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Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
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You are going to have to discuss the matter with the lender.
Answered on Nov 29th, 2012 at 4:01 AM

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