Running Springs, CA Bankruptcy Law Firms & Lawyers

If your case was closed, you can sell your house at any time.  It has nothing to do with whether or not the debt was reaffirmed.   The reinvestment within 6 months is a requirement of California law and has nothing to do with bankruptcy.  If you do not reinvest the proceeds into a new homestead within 6 months, then you will not have protection of those proceeds from new creditors (or any creditors not discharged in your bankruptcy case).

If your husband files bankruptcy he will no longer be liable for the mortgage. If you are a co-signor on the mortgage, you will remain liable for it. If he files Chapter 13, there is a co-debtor stay that prevents the mortgage company from coming after you for the debt while he is in the Chapter 13 case (for at least 3 years), but after he is finished with the case they can then pursue you.

Dear Anonymous, I must agree with Attorney Moran. The credit card companies and banks sponsored the largest change to the bankruptcy code in years back in 2005, which made bankruptcy a complex and often confusing morass of rules. If nothing else, meet with a bankruptcy attorney - most offer a free, initial consultation, and as Ms. Moran indicated, it is likely that you can find someone willing to help her for a very reasonable fee. She may also qualify to waive the Court filing fee which saves $299, and the credit counseling course (which is nominal). Do yourself the favor of meeting with an attorney, if nothing else to pick their brain as to how the process works. Mistakes in bankruptcy can go without any consequence, all the way up to civil and criminal penalties - not something you want to mess with. Good luck. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."