Q: My exwife was a cosigner on our home & i have already gone thru chapter 7 now she is threatening to sue me.
A: She should have been listed as a co-signer/creditor in your bankruptcy. Unless you are obligated to pay the co-signed debt under your property settlement agreement in your divorce, she likely doesn’t have a claim against you.
A: It sounds as if you received a chapter 7 discharge, you did not reaffirm the debt on the home, and the judgment of divorce obligates you to be responsible for the home mortgage. And it also sounds as if she is going to sue you in Domestic Relations Court, to hold you in contempt for not paying the mortgage because the mortgage company is now taking action against her. If this is the case, you should speak to a domestic relations lawyer about your exposure under the divorce decree. And you should also contact your bankruptcy attorney to get a clear understanding of what effect the chapter 7 case has with regard to the home mortgage.
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