Mesa, AZ asked in Bankruptcy and Real Estate Law for Arizona

Q: I filed Ch.7 bankruptcy. Can my co-owner legally come after me for not paying the mortgage?

I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me for the money I did not pay? The co-owner is still liable for the mortgage/loan and is trying to force me to sell against my wishes.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.

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