Emergency Filing Spouse in Military
Posted: Sat Feb 06, 2010 3:21 am
I thought of that. However, the problem is that she is not on the loan, only her husband. I think i am going to have to file under both names and use the power of attorney.
I am hoping under the circumstances the trustee will be work with the debtor.
Jonathan Leventhal
>
> Remember that section 524(?) protects a spouse if only one files a 13.
> So, if she's on the loan you could file only under her name too.
> Include his debt just as you have to include his income, too. Some
> would argue this is the better practice to begin with(I.e., file under
> only one spouse's name only). In other words, you have more than one
> option to save their home.
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> On Friday, February 5, 2010, Christine Wilton
> wrote:
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> > Sounds messy. Sounds like you're going to need to file and pick up the pieces later, as far as proper documentation with the courtand signatures.
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> > Remember that the debtor must be able to make regular mortgage payments to the trustee under a ch13, until you are able to file for a modification request or some other motion, depending upon the circumstances.
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> > Based on what I've been reading here lately, some members of the group have filed cases where the debtor is in prison and not available, so I say file now to stop the foreclosure sale and beg the trustee for forgiveness later.
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> > I know debtors can file as individuals in a chapter 7, even though their married. I'm not sure if there are special rules under a chapter 13, so look at the possibility that she file as an individual and not jointly.> >
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> > I would list the loan mod company and lawyer as both debtors and for potential recoveries in civil litigation, if their are any potential claims.
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> > Why do people wait until the 11th hour?
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> > Good Luck
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> > On Fri, Feb 5, 2010 at 4:11 PM, Jonathan wrote:
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> > I have a situation where a PC is losing her home Monday morning. Her husband is in the military out of the country. (She has a power of attorney).
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> > She needs to file a chapter 13 to dave her home. My questions is this: Can I do a joint petition under this situation? If so what do i do about the signatures for her husband.
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> > Any and all help would be greatly appreciated.
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> > PS the PC is currently involved with a lawyer and loan modification company who took money up front. Now the lawyer tells her on Friday that she needs to file BK to save her home being sold on Monday.
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> > Jonathan Leventhal
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> > --
> > Christine A. Wilton
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> --
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