Bellport, NY asked in Bankruptcy for New York

Q: ex husband filed chapter 7. we still have a couple of joint account. should i file now or wait till his is done

we have a home in foreclosure ( have a short sale pending) a second mortgage and a credit card together. He was to be responsible for thoe according to our divorce decree but i hear that doesnt matter. He has already filed chapter 7 so I need to know if I should file now or wait till his is over to see if the creditors come after me? Thanks

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: Does not really matter. However, the bankruptcy can screw up the short sale.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: Short sales are frequently unsuccessful. You should retain an experienced Bankruptcy attorney and file a Chapter 7. If I were you, I could not care less about the short sale. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

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