Legal Question in Bankruptcy in California

Bankruptcy

My credit report shows a bankruptcy. However, in the divorce papers '' the family residence and any encumbrance thereon is awarded to husband.'' Yes, both names are on the title. I thought if the house was awared to my ex I would not be responsible for it,therefor the bankruptcy shouldn't be on my credit report, should it. If so, what can I do to remove it ? There also was a second mortgage. Wouldn't that be considered ''any encumbrance thereon ?'' I got a call from the mortgage company today wanting myself and or my ex to make payments on the outstanding balance. They said they would try to locate my ex but if they couldn't I was going to be responsible for that account. If I didn't take care of it they plan on sueing me. Can this happen ? On my credit file the second mortgage says ''account included in bankruptcy''. So if it was included in the bankruptcy how can they expect us to pay ? I'm just a little confussed. I don't know if this makes any difference, but on the first mortgage is was a shared account. On the second it was a joint account. Are they two different things ? How are they different ? Please help me understand what this means and how this will effect me.

Sincerly,

Debbie

P.S.

I live in Sacramento, California.


Asked on 6/21/01, 12:50 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Bankruptcy

you are responsible because you borrowed money when you bought the house and you singed a contract prommising to pay it back.

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Answered on 8/22/01, 2:40 pm


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