Legal Question in Bankruptcy in New York
husband and wife filing separate bankruptcies
My husband and I have been separated for three years.He wants to file for a chapter 13, file for divorce, have me sign off on the house that is paid for since he will be paying the bankruptcy on his own.Would I be protected if he defaults? Or should I file a bankruptcy to protect myself? Chapter 7 or 13? I have a few debts in my own name.
1 Answer from Attorneys
Re: husband and wife filing separate bankruptcies
His bankruptcy does not protect you from
your creditors, which will include a mortgage
if you both signed
Your deeding the property to him does not
protect you from the creditors, because
they did not consent to the transfer and
furnish a separate release
A transfer simply because he is no longer
in debt is not required under Matrimonial
Law
You need to hire a lawyer.
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