what does one do in the event of a bankruptcy and a mortgage held in two names??  Is the other party affected?
437225
You are on the hook for the mortgage in its entirety.  You will have to make the full mortgage payment or face foreclosure on the property.  You need to consult a bankruptcy advisor.  In the state of CA one can only have 75K in equity in a principal residence otherwise its up for grabs with regard to creditors.
1149969
Since you have a computer go to your banks online service bring up the payments. Call the Loan Company while online discuss it with the manager in charge. Explain to them the problem you are haveing. A Friend of mine just went through this an she claim bankruptcy just prior to this but kept the car and payment. But what had happened is the payments go to a lock box and sit there and when they finally put it in they credited the wrong account. They were showing her two months behind an her payment were there on the first of every month. Plus get there building address not a po box and send the payments to that addrress.
1037275
Call your lawyer and have them handle it.
139998
you need a lawyer. However in this country even if you change your name your still liable for the previous debt.\n\nGET A SOLICITOR!
242869
In a chapter 7, a trustee is appointed to take over your property.  Any property of value may be sold or turned to cash for the benefit of your creditors.  You may be able to keep some personal property and possibly real estate depending on the laws of the state where you live and applicable federal laws.\n\nThere are also 3 types of debt:  (1) secured debt; (2) unsecured priority debt; and (3) nonpriority unsecured debt.  Bankruptcy cannot get rid of secured debt, so the debtor must either pay the debt or give up the property used to secure the loan.  Unsecured priority debt consists of debts that are given priority over other types of debts.  If there is anything left after all the secured and priority unsecured creditors have been paid, then the general unsecured creditors might see a distribution.
496256
Unfortunately, he can file bankruptcy, which just makes it harder for you to collect. You did mention for "us" to qualify  for a loan on our new house... I'm assuming this means you both own this house together (BOTH of your names are on the title)? If this is the case, you can go to court, and sue him for your half of the equity in the house (and the original downpayment plus attorney's fees) - this may require him to sell the house (which he can't legally do without your signature if your name is also on the title also). While the money you used to pay off your ex's vehicle and travel trailer might be gone (but not necessarily), at least you might be able to recover your loss suffered in the mortgage loan. Good luck!
3856
good luck getting a loan if you've already filed bankruptcy.  a lot of companies won't loan to anyone who's already filed bankruptcy.
158370
The best course of action would be to contact an attorney. Never accept answer on such an important future impacting question from a place like this! However that being said, go here\n\nhttp://www.co.beaufort.sc.us/Auditor/Homestead.asp\n\nand here\n\nhttp://www.bankruptcyaction.com/scexemptions.htm
803419
I don't believe that they can take this money, but I would ask the attorney that is handling your bankruptcy, he will know the answer to this.
182689
Hire a bankruptcy attorney to advise you.  If you have filed your petition and are now receiving opposition from the trustee, simply trying to back out may be the wrong course of action.  This issue is way to sensitive to be handled in this forum.  Call an attorney right away.
444153
Essentially you will default on the loan. The bank then has several options:\n*  if they have any collateral associated with the loan, they can take possession of it. This might mean foreclosure\n*  if they see any other assets that you own, they could try to take posession of these. Since you are already in bankruptcy, they are not likely to pursue that\n*  they might offer you an option to refinance. They are likely to do this if they think you're likely to keep the new commitment, and if the fees associated with the first two options would be significant in relation to the outstanding debt. \n\nSince you are already in default and bankruptcy, and with an overall debt of more than $25K, plus fees & charges, my bet is they will move to foreclosure.
694380
My wife is a bank manager. You can't buy a home with a conventional loan in a year or two if you file bankruptcy. Fight against it for as long as you can. I believe it stays on your record for seven years. Look for help from family and friends or private or public agencies who provide financial advice( They will work with your creditors in establishing a payment schedule.) Bankruptcy is your last resort. The government has made it much more difficult to do so in recent years.
853898
They r going to go after property that u have....also, bankruptcy is a pain for the future i've heard when trying to ...rebuild yourself.
1028803
Have the owner(s) quit claim the property to you, if they are willing,(they might want something for their equity) then reinstate the loan by coming up with all back payments and late fees. Then notify mortgage company to start sending mortgage statement to you. You will need to get an authorization to release information signed by everybody who is on the note and or title.(This allows you to talk with the owners lender.) Some people will say that this will trigger due on sale clause, but 99.9 percent of the time, this is not true. Just because they say its not assumable, doesn't mean its true in the real world. The bank cares more to have a performing asset on their books, then to go through the expense of foreclosure. If this is not an option with the owners, since you have been renting house for two years, and if  your bankruptcy is now discharged, there are many sub-prime lenders who specialize in this type of transaction. Another avenue to consider, if there is not a lot of equity in the house, is doing a short sale,  the hurdle to get over in this situation,  is that the owner would have to be in the position to not pay his bills, or at least look that way on paper. Another way is if there is more than one mortgage on the property, the 2nd mortgage holder is usually willing to discount the note substantially, if they think there not going to recover the loan amount.. As far as paying the rent, legally, the owner cannot evict you while he is in foreclosure. (laws vary from state to state.) And yes, you will get kicked out after the property goes to auction. Another possibilty if you have the money, would be to approach the lender and see if they would sell you the mortgage. Lenders can and will do this, if you have cash money(they won't do business this way if you say you have to borrow it, although this can be accomplished if done properly, i.e. borrowing the money from someone you know) and many are willing to discount too. If you need more answers, repost with more specific info.
793193
If you're in danger of falling behind on your mortgage, or if you're already delinquent, it's important to know what's ahead and what your options are. Usually, the faster you move, the more choices you'll have about your financial future.\n\nFiling for Chapter 7 or Chapter 13 bankruptcy protection sometimes paves the best path for debtors to retain their houses and deal with their creditors. Advantages of bankruptcy include the debtor’s ability to stop foreclosure without creditor acceptance and encompassing more than just the mortgage debt with a single action. If bankruptcy emerges as our first recommendation, your personal circumstances must be well suited for this option. In most cases bankruptcy comes as a last resort. While you may file bankruptcy on your own, you will almost always be better served to hire a qualified, experienced bankruptcy attorney.\n\nIn Chapter 7 all nonexempt assets are turned over to the bankruptcy trustee and debts discharged. Exemptions vary by state. In most cases the debtors possess so few assets that they may keep everything and have all of their debts wiped out completely. If a chapter 7 will not yield this result it may not be the best option. In Chapter 13 a plan outlines how the debtor will pay creditors over a three to five year period. Only a Chapter 13 can stop a creditor from foreclosing on a delinquent debtor over a period of years. Under a chapter 13 the court retains the right to scrutinize finances of the debtor for the life of the reorganization plan. For a Chapter 13 to work payments under the plan must be kept up or the court protection will evaporate and the house will go to foreclosure. To learn more read the chapter 13 bankruptcy FAQ.\nFull Payoff Refinance\n\nBorrow enough money on a new mortgage to pay off the balance on the old mortgage including arrearage and legal fees. This happens more often then one might guess. If the debtor has enough equity in the house, bad credit will not stop them from getting a new loan.\nFull Re-instatement\n\nIt doesn’t get easier than this, find out how much arrearage is owed and pay it in full. If a debtor could do this they probably wouldn’t be reading this, but just in case, know it exists as an option. In fact, most state laws grant the home owner the absolute right to re-instate before the foreclosure and require that the bank accept the full re-instatement and stop the foreclosure. Unless a creditor gives a debtor a hard time, they should not need outside help on this option.\nGive Up the Property\n\nToo often people refuse to examine this as an option. The problem may be that the homeowner cannot afford to stay where they are. If the debtor will not be able to keep the house in the long run it may not be advisable to throw a lot of money into a futile effort to save it from foreclosure just for the short run. Any cash available may serve them better if put towards a new place to live. If you owe more than the house is worth, look at a deed in lieu of foreclosure as described above.\n\nTerms can be negotiated with the creditor for debtors to stay in the house as long as possible before moving. Where debtors have equity in the house, try to arrange preserving it by selling it prior to foreclosure. In some cases other equity preservation strategies may be used when foreclosure cannot be avoided.
509464
You have to petition the bankruptcy court.  Check to see if an attorney represent customers like you that also had gift certificates.  This will be in the court documents.  This is worth your time if it was a lot of money, otherwise it is a waste and a lesson learned.
970403
Did an attorney handle your bankruptcy?  If so, contact your attorney.  If you did it on your own, then contact the Trustee who is handling your case and ask him.  The Trustee won't be able to give you legal advise, but he will be able to explain your responsibilities.  You should also contact the company that holds your car loan right away.  If you have no income there is a SMALL chance they will agree to take back the car and let you off the hook, but get it writing!\n\nDon't just ignore the problem.  If you wait and let the car be repossessed, you will be responsible for paying the loan, their attorney's fees, repossession costs, etc. They will sell the car and apply the difference to the amount you owe, but they won't get full value for the car.  You will be responsible for the difference.  And you won't be able to bankrupt out of that.\n.