Legal Question in Bankruptcy in Texas

Divorced and she files bankrupicy are the divorce

We are divorced and I was awarded the house in the divorce. She has moved to another state and has since re-married. She states she is filing for bankruptcy and is putting the house, which is awarded to me in the decree, in her papers. How will this effect me? Will I be put out of the house and will the house go to her after the settlement? Even though it was awarded to me? I am behind in the mortage and want to file bankruptcy myself. Can I do this and claim the house? Please advise.

Asked on 4/28/04, 10:56 am

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: Divorced and she files bankrupicy are the divorce

It sounds to me like you both have completely different objectives. I think she is filing a chapter 7 case and will essentially forfeit any interest she has in the house. You, on the other hand, wish to keep the house and you would probably file a chapter 13 case and make small payments to repay the past due mortgage and keep the house. Please feel free to call me to discuss this in more detail. ph. (241) 637-0713

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Answered on 4/28/04, 3:32 pm

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