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I’m in a Chapter 13 Bankruptcy, Getting Divorced and Trying to Lose My House. – Steve

“Dear Steve,

Filed Chapter 13 only under my name but wife signed agreement to help pay the 13 off. House is now in foreclosure and I want to save my house and I just filed for divorce.

She filed Chapter 7 five years ago. My lawyer claims that my Chapter 13 will protect me against the mortgage lenders but my wife could be sued by the second mortgage lender. She wants the house to go into foreclosure so she can live there for free until we are evicted. I told her that she could be sued and I would like her to move and so I could save the house and let her walk away debt free.

In this situation my lawyer said that the only way to save the house is to modify the 13 but the house has to be out of foreclosure. He claims if she stays with the foreclosure I will continue the pay on the 13 and she will be sued for the second on the house since she cannot apply for bankruptcy again. Is this all true?

Steve”

Dear Steve,

Sounds correct to me. Bottom line is she either gets in the 13 now or deals with the debt after the foreclosure when they will be chasing her.

I can’t see any reason why she could not do a Chapter 13 herself for that debt when she is slammed with it latter. But the good news is you’ll be in the clear since you already dealt with it.

I think the best scenario in this case is for you to work with your attorney to protect you. If she does not want to participate then that’s her deal. She seems to have made a choice of free rent now and let it fall in her lap latter.

Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

9 Comments

  • My divorced was finalized in 2009 but the house my ex and I owned foreclosed on in 2010. I received a 1099A and 1099C. How do I properly split this “income” with her? The form was sent to me since I was the primary on the loan. Our divorce decree does not address this situation.

    Thanks a million

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