Devers, TX Bankruptcy Law Firms & Lawyers

Whether a party is an indispensable party is not a bankruptcy question, per se. In this case you should have your lawyer seek a stay of the action against you until such time as your co-defendant can participate in a trial. A finding of fraud would render the plaintiff's claims against your co-defendant non-dischargeable and the plaintiff's lawyer should be considering filing an adversary action in the bankruptcy court or seeking relief from stay. Meanwhile, your lawyer needs to do whatever he/she can to postpone trial so your defense can be asserted.

Questions about keeping a car are the most common concerns that people have when considering bankruptcy. Cars that are financed are seldom at risk of being taken away by the bankruptcy process (unless the equity in the vehicle is very large), but the car can be repoed by the finance company if you don't make the payment and if you don't reaffirm the vehicle loan. In Nevada, your vehicle would need to have equity of more then $15K to be at risk.

Filing Chapter 13 will allow you to stretch repayment of the past due mortgage amounts over 3-5 years, but if your current income is not enough to make your monthly mortgage payments, it's unlikely the court will allow you to keep the home.