Legal Question in Bankruptcy in Illinois

if i am legally seperated and my wife has filed for divorce while she had legal custody of the house she let it go into foreclsure my name was never taken off the house can i alone file for bankruptcy on the home and second mortgage. the home is in indinana and i live in illinois now.

i thought it said free now they want $39 thats not free

Asked on 4/11/13, 1:08 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

Your question is not very clear, but I will try to respond. Yes, assuming you meet other qualifications, you can bankrupt your obligation to the mortgage company. You would file in Illinois if you have been here at least a few months.

That said, there still may be an issue. What does she intend to do? Will she also be filing bankruptcy to get rid of the obligation? If so, you may want to file together before your divorce goes through and that may impact where you file. If she is not filing, then you will want the allocation of the debt resolved in the divorce case before you file bankruptcy because anything that you are ordered to pay as part of the divorce would be non-dischargeable in bankruptcy. In other words, the mortgage company may not be able to come after your directly after bankruptcy, but your wife may enforce payment through the family court case.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for October 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 4/11/13, 3:11 pm

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