Personal Bankruptcy what type of lawyer do I need

[shay3272]

My husband filed for bankruptcy in March 2007 in Georgia. During this time I lived in Maryland (waiting to be transfered). He included our home in this bankruptcy. I am the cosigner on the loan . We are in the process of a divorce . I was told that he could not have included our home without permission from me. What type of lawyer would i need to look into this ?

 

[Theresagail]

He MUST include every debt he has. Did he file a 7 or a 13? did he retain the house and keep paying or did he surrender the house, or did he reaffirm the house?

 

[shay3272]

He filed a chapter 13 and he kept the house.

 

[Theresagail]

I don't know of any laws he broke-- he is in a 13 (which protects co-signers) and he is paying the home-- he had to include any and all debts-- the only issue I can see here is a civil issue-- between you and him-- see if he can refinance the home to get your name off (I doubt he will be able to per he is under a 13) what are your plans with regard to the house? Him keep it, you keep it or sale it?


Who ever told you he violated a law, I would contact them and ask them what law he violated as I have never heard of anything like that --however in the 341 meeting the trustee must have asked him about you-- if so, and he lied, then he committed perjury, Maybe contact the bankruptcy trustee's office and talk to them about all of this.

 

[shay3272]

I think that is what they are talking about.The mortgage company said I should have received a notice about the 341 meeting. I lived in Maryland and worked for the postal service. I never received any notice of any kind. I want to sell the house but he's holding up our divorce. I spoke to a few mortgage companies about refinancing the loan and they said I need to clear up the situation with the bankruptcy first. They said his bankruptcy would show up on my credit because he is a cosigner on the loan.

 

[Theresagail]

Well unless your husband owed you a debt the bankruptcy would not have notifed you-- as for the finance company-- if they had your current address the only thing they would have sent you is a delinquent notice (if it ever went delinquent). But other then that no one is obligated to inform co signers except the original signers and that would be just a moral obligation.

 

[shay3272]

I was told by a bankruptcy attorney that I have to be notified about the meeting of creditors because the home is joint property. I was also told this by the mortgage company.

 

[Theresagail]

Contact the trustee and get a copy of his intentions and debts-- and see if he even listed you as a co signer on the house-- if he did not, then he committed perjury and once again I would start talking to the trustee about that-- you may be able to get his bankruptcy kicked out or he may have a lot of explaning to do. --