Keystone, CO Bankruptcy Law Firms & Lawyers

First, your home is a 'secured' asset, and what controls the repossession is not the bankruptcy, but whether you have maintained your payments on the property. If you purchased this jointly with your partner, then what's important is not who makes the payments, but whether the payments were made. I presume that you have been making the full payments, since your deadbeat partner has not contributed. As long as you are current, then the mortgagee can not take the property back. The bank has no obligation to release the deadbeat, even with your approval. You both are jointly and severally liable for these payments. If they are not made, then they can repossess regardless of bankruptcy. However, if he goes through bankruptcy, and is discharged, his obligation to contribute is excused, but, you have the right to maintain the payments independently and keep the property. Then, with him legally off the mortgage, maybe the bank will reassess your position. You should be listed on his bankruptcy as a co debtor, and could try to challenge his dismissal, however, it would most likely be a waste of your time. Move ahead without him, it sounds like your better off without him in your life or on your mortgage.

As a general rule, you may file as often as you like; however, the bankruptcy code restricts periods between bankruptcy discharges. You must wait 8 years between Chapter 7 discharges and 2 years between Chapter 13 discharges. If you initially received a Chapter 7 discharge but would like to obtain a Chapter 13 discharge, you must wait four years. If you initially received a Chapter 13 discharge but would like a Chapter 7 discharge, you must wait six years.

Your dad may need to file a motion to lift the automatic stay that accompanies a bankruptcy filing. Rent doesn't become free at your landlord's expense just because you file bankruptcy. Your dad needs a lawyer.