Asked in Bankruptcy for California

Q: The chapter 7 Trustee is going after the equity in the house , how can I stop him ?

My wife and I are legally seperated , the house has always been hers , but added me to help pay the loan , we have a verbal agreement that if our marriage did not work out that the house is hers .

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2 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I urge you to immediately meet with an experienced bankruptcy attorney or certified specialist in bankruptcy law to advice you and review the facts of the situation and your case. This would/should have been something discussed prior to filing the bankruptcy case - I assume you did not have an attorney when you filed the case. There is too much to discuss on this site, so take action immediately to get an attorney to assist you with this.

Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: I think the best advice you are going to get is for you to consult with an experienced BK lawyer immediately.

Among other things, a knowledgeable lawyer will ask you certain questions, so be prepared to provide: Who filed the BK, how much is the property now worth, how much is owed on it, is a lawyer representing the person who filed bk, when was the house purchased, date of marriage, date of separation, value on date of separation, here did the money come from to make house payments while you were married and living together?

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