[CLBS] Creditor Claim question

[Robert Brower]

I believe a chapter 13 discharge, discharges an  11 USC 523 (a)(15)
obligation including a contingent claim.

Bob Brower

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler McGee
Sent: Friday, July 12, 2013 10:09 AM
To: Susan R. Wilson
Cc: 'clbs'
Subject: Re: [CLBS] Creditor Claim question

One argument would be that this is not dischargeable under 11 USC
523(a)(15), because the debt (indemnification right) is not a domestic
support obligation and it is to a former spouse incurred by the debtor in
the course of a divorce or in connection with a  divorce decree etc.
Alternatively you might argue that if she does end up having to pay, any
indemnification obligation wasn't part of the bankruptcy because the
obligation only arose after filing.

Tyler J. McGee

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Susan R.
Wilson
Sent: Friday, July 12, 2013 10:32 AM
To: 'Ford Elsaesser'
Cc: 'clbs'
Subject: [CLBS] Creditor Claim question

I am sure this is a common scenario so the answer is probably pretty easy:

I have a an ex-wife with a decree stating the husband has the house and the
responsibility for the loan. Decree says husband is to refinance the house
within a year.  Husband never does that; wife has quitclaimed her interest
to husband per the decree, but is still on the loan.  Husband defaults, bank
forecloses.  During the foreclosure the husband files for Chapter 13 with a
long list of creditors.  There likely will be a significant deficiency
judgment, which the bank will go after ex-wife for.  Can ex-wife recover
from husband?  Technically, wife's claim against husband will not arise
until the bank goes after wife for the deficiency, which we won't know what
is until after the foreclosure sale. Not sure if the bankruptcy will be done
then and I suspect the bank will ask for a stay so they can proceed to
foreclose.  Husband is letting the house go. Wife is not aware of any notice
of trustee's sale - only the notice of default.  She can't afford the house
but also can't afford a $30-$50k deficiency judgment and she doesn't want to
file bankruptcy. . .

Any thoughts?

Susan


Susan R. Wilson
Attorney at Law, PLLC
208 S. Main St. Ste 2
Moscow, ID 83843
sw2 at moscow.com
208-882-8060
866-221-9397 (fx)
 
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