House is foreclosing. I am filing bankruptcy. If/When my ex finds out can she object to the bankruptcy?

Wife and I are in the process of divorce. We have both moved out of our home and it is foreclosing. I want to declare bankruptcy. The house is our only joint debt. Can she stop the bankruptcy? How would she find out that I am declaring bankruptcy if I don’t tell her?
I don’t want to deceive anyone. I just don’t want any problems in terms of declaring bankruptcy.

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Posted April 20th, 2010 in Bankruptcy Q and A. Tagged: , .

4 comments:

  1. Lesley:

    Since she is a co-debtor, you have to list her on Schedule H so she will know when she receives the notice. She will also know if there is a deficiency judgment on the house and they come after her and not you. If you aren’t divorced yet, I’d recommend filing a joint bankruptcy (with a different attorney than either of you have for the divorce) so that you both can start over.

    DO NOT ever take anyone’s advice to leave anything (like the house) out of the bankruptcy, this is not optional, you must disclose EVERYTHING.

    If the Divorce judgment says you are supposed to pay a portion of the deficiency and you try to discharge it, Yes she CAN object to it, as that would make it nondischargeable for you (and her). You should talk to her about it, she might be interested in filing bankruptcy for that as well.

    April 20th, 2010 at 10:41 pm
  2. Charles:

    Dude, so what, you *want* to decieve her? Get real.

    April 20th, 2010 at 10:41 pm
  3. Judy:

    If her name is on the deed, you can’t declare bankrupcy yourself and include the house in the bankrupcy without her knowledge and agreement. If you exclude the house from the bankrupcy you probably could do it without her knowledge, but that wouldn’t seem like a very good idea. Talk to your bankrupcy lawyer on this.

    April 20th, 2010 at 10:41 pm
  4. stephen t:

    No, she can’t. The only people that can object are creditors, judge, trustees, and US Trustee. Your main obligation filing BK is to tell the truth. If you have nothing to hide you should not be worried about what your wife does.
    You have to disclose any pending lawsuits, divorce, on BK paperwork. You may be able to keep it from her.

    April 20th, 2010 at 10:41 pm

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