East Rochester, NY Bankruptcy Law Firms & Lawyers

Any financial problems you have after a bankruptcy discharge that was not included in the bankruptcy are not protected by the bankruptcy. If a person does not include all debts in the bankruptcy, that person assume those debts. Now, if the debts were included in the bankruptcy and not assumed, it is possible to let them go without affecting the credit or possibility of garnishing wages, etc., otherwise, all recourses creditors had without the person's bankruptcy are available to be enforced.

She might want to file bankruptcy with him if there are joint debts and clear the decks for you. You are not responsible for old debt of hers upon marriage, but joint assets could be seized to satisfy a judgment.

Your liability on the debt was discharged unless a Reaffirmation Agreement was signed or an exception to discharge applies. Having an attorney actually look at the docket from your Bankruptcy case, look at the schedules you filed and contact the Mortgage Company is the best way to determine why the Mortgage Company is saying this. There are many potential courses of action depending on what the facts are, including reopening your case to add them as a creditor, or pursuing sanctions for violation of the automatic stay from your case or your ex-spouse's case if the debt is being paid in her plan.