What to do about a mortgage I can’t afford to pay if my ex had his obligation for it already discharged in bankruptcy?

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What to do about a mortgage I can’t afford to pay if my ex had his obligation for it already discharged in bankruptcy?

My ex-husband filed bankruptcy a few months ago but his name was still on the home at the time. So now the creditors are saying I’m responsible for the home. I can’t afford to keep paying on it. Is it possible for me to file bankruptcy on the home as well?

Asked on August 17, 2011 Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file bankruptcy.  Your bankruptcy should include the mortgage and debts owed to all other creditors.  Filing bankruptcy might not prevent the loss of your home.  It may just delay foreclosure.  It would be advisable to discuss this with a bankruptcy attorney.  Your income and other factors will determine whether you are eligible to file Chapter 7.  Chapter 7 is straight liquidation.  If you are not eligible to file Chapter 7, you can file Chapter 13.  Chapter 13 requires a plan (budget) for repayment of creditors.


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