Ashburn, VA asked in Bankruptcy for Virginia

Q: if a couple gets divorced and one partner files for bankruptcy can they touch the house you both own?

The bankruptcy is for credit cards and medical bills only

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1 Lawyer Answer
Nick Curtis Thompson
Nick Curtis Thompson
  • Bankruptcy Lawyer
  • Louisville, KY

A: The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone without the trustee approval. You have the right to dismiss a 13 you have no right to dismiss a Chapter 7 once it is filed. The fact that these are medical bills and credit cards has nothing to do with whether the trustee can sell the home. What you do by filling is to hand it to the trustee.

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