What to do if my fiancee and I are not together anymore but have a house and a car together and she is filing for bankruptcy?

UPDATED: Oct 18, 2013

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What to do if my fiancee and I are not together anymore but have a house and a car together and she is filing for bankruptcy?

I don’t know which chapter. She did tell me that they are sending me papers in the mail because she is giving me the house. However, if her car gets taken will that affect my credit? Should I get a lawyer?

Asked on October 18, 2013 under Bankruptcy Law, North Carolina


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

A lot depends upon the chapter of the bankruptcy code she seeks relief under.  It also depends upon the status of the obligations at the time of the filing.

You don't state whether you are residing in the residence.  Are the payments current?  if so, her financial obligations under the mortgage would be discharged but she would remain on title.

With respect to the vehicle, I am assuming (dangerous) that it is her posession.  If so, are the payments current?  What are her intentions as stated in the bankruptcy petitions and schedules?  Are the residence and vehicle to be surrendered or reaffirmed?

In short, I believe it would be in your best interest to get advice from legal counsel who is experienced in bankruptcy law to at least review the filing and discuss your options.


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