Legal Question in Bankruptcy in Kansas

I have a co worker that was married , filed a chapter 13 with her husband to save there house about 4 yrs ago, she and his split up over 2 years ago now she just filed divorce , she is no longer living at the house had to move . she has one son 17 that lives with her then a 22 yr old daughter that lives with her to. She said they automatically withdraw part of the payment on the chapter 13 from her account every month . Is there any way that this can be changed since she no longer is living in the home and has filed divorce ?


Asked on 6/23/16, 10:26 am

1 Answer from Attorneys

Anthony Smith LawSmith

Duvirce dies nit akter ine's obligation to a mortgage cimoany, unless that lender was made a oarty to the case. The decree abd division if debts us as to tge duvircubg soiuses. If H wad to oay tge hone lyan, tgan W may be able to take action to get reimbursed for whatever the lender collects from W. But, it won't stop her obligation to the lender. Add on her obligation through the bankruptcy, and there is another layer to considet as to who owes whom for the debt. Your coworker should consult with her bankruptcy and divorce attorneys to see where she stands.

Good luck

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Answered on 7/05/16, 1:02 pm


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