QUESTION
Will I have to wait for meeting of creditors to get my money back and is there a chance I wouldn't get my money back?
Asked on Mar 23rd, 2016 on Bankruptcy - Rhode Island
More details to this question:
I was divorced on 3/15, refinanced my home on 11/15 and $20,000 funds froze in my account on 3/16. Money from the refinance - solely my home. Again ex-husband’s bankruptcy. I am waiting for the trustee to sign off. Attorney has already filed an amendment schedule abc. I already provided proof to trustee. Bank statements, refinance from Title Company and divorce decree. None of his debt was in my name.
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally, a bankruptcy by your ex would not affect your refinance proceeds. Since it did, the trustee or one of his creditors must have stated a claim against the funds. Without knowing the basis of that claim, I can't tell whether or how soon you'll get the funds. I would recommend that you consult a local bankruptcy attorney.
Answered on Apr 28th, 2016 at 10:52 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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We cannot help you because you are represented by an attorney. Please consult with your attorney.
Answered on Apr 26th, 2016 at 9:57 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There are probably more facts then you can summarize in your question. And therefore it is hard to answer your question.
Answered on Apr 26th, 2016 at 4:30 AM
Child Support Attorney serving Newport, RI
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The Law Offices of Howe & Garside, Ltd.
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Answered on Apr 25th, 2016 at 5:50 PM
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There are several facts that are unknown so it is difficult to answer your question. If upon divorce a deed was timely recorded removing your ex's name from the property, and if the decree awarded you sole ownership in the property, then your account should not have been frozen. It sounds like your ex's name is on your account? Normally accounts are not frozen unless the debtor's name is on the account. Perhaps you failed to remove his name from an account following the divorce that was once a joint account? If the house was awarded to you as your sole and separate property the funds from refinance should also be your sole and separate property.
Answered on Apr 25th, 2016 at 5:50 PM