i am divorced...

[michaeldimmick]

hello. i am divorced. i filed bankruptcy after my divorce. my ex-wife and i have a house together, which both our names are on the mortgage. i did not put it on my bankruptcy because we were renting it out to people who said they were going to buy it. well, they didn't. now my ex-wife is filing. i would have put the house on my bankruptcy if i had known this was going to happen. if my ex-wife puts the house on her bankruptcy is there anything i can do to keep the bank from coming after me?

extremely stressed,

michael

[HenriettaHen]

Michael, when did you file?

Did you use an attorney?

Have you had your 341 meeting?

[lrprn]

To add a few questions to Henrietta's....

Which chapter did you file - Ch 7 or Ch 13?

Which chapter is your ex-wife going to file - Ch 7 or Ch 13? And when is she planning to file?

What does your divorce agreement say about who is responsible for the house payments and upkeep?

Are either of you living in the house now?

Hang in there - we'll help you sort things out as much as we can. Glad you found us!

[Robert_dod]

You should immediately, IMMEDIATELY, amend your schedules. This is urgent. Failure to list an asset (or a creditor) intentionally (regardless of the reason), can result in DISMISSAL. Some of these dismissals result in the inability to refile listing those creditors who were (or could have been) part of your current bankruptcy. I have seen cantankerous BK Judges do this, even if the impact on the estate was nominal.

You should certainly get legal advice on how to do this, and the impact, but if you want to avoid really bad things happening (or the potential for same), please consider amending your schedules (these would be amended schedule A - interest in real property; Schedule B - perhaps, if any personal property) and your list of secured creditors. You should list the deadbeat tenants as potential causes of action.