Posted on: 25th Jul, 2011 10:17 am
can a bankrupcy lawyer superced a divorce decree that states the ex-wife is to refinace the house to get my name off of it?
i'm not quite certain that it's a bankruptcy lawyer you'll need to find out about. it's the bankruptcy court that is likely to throw out the settlement situation that you noted. if your former wife is unable to make payments due to some sort of financial crisis that's resulting in bankruptcy, then i can't see any way in which the court would uphold the decree.
she certainly won't be able to refinance if her credit standing has been trashed, which will occur with the bankruptcy filing whether or not it's granted. obviously, the events leading up to the bankruptcy filing have undoubtedly caused her credit to be far more ugly than it was before - i believe it's probably safe to say that.
i guess the answer to your question is "yes." however, as i said, it's not the lawyer she's working with, but the court that'll act on her request.
she certainly won't be able to refinance if her credit standing has been trashed, which will occur with the bankruptcy filing whether or not it's granted. obviously, the events leading up to the bankruptcy filing have undoubtedly caused her credit to be far more ugly than it was before - i believe it's probably safe to say that.
i guess the answer to your question is "yes." however, as i said, it's not the lawyer she's working with, but the court that'll act on her request.
Re: my answer directly above...please bear in mind that I'm not an attorney, nor do I have any special expertise in law of any sort, let alone bankruptcy law. However, based on good judgment, information I've acquired throughout my many years in the financial industry, and just plain old common sense, I'm willing to "guess" at the answer to your question, as I did above, with some sense of correctness.