My house had a 1st mortgage in my name; a second mortgage in my ex-wife's name. The house was awarded to me in a divorce settlement. This house has been foreclosed - the 1st mortgage discharged in MY chapter 7 bankruptcy. The second mortgage was not included in the chapter 7. The 2nd mortgage holder is coming after my ex-wife for what is owed. An attorney for my ex-wife has told her she cannot include this 2nd mortgage in a chapter 7 bankruptcy she is filing because it is now UNSECURED DEBT.
2 Answers from Attorneys
I expect something was lost in translation between you and your ex, but what advice are you looking for? If she has a question about her Bankruptcy case, she needs to ask her lawyer.
It sounds like she needs another lawyer who actually knows bankruptcy law (unless you've left out some unusual detail).