Bankruptcy

[DST]

If our mortgage is in both of our names, can one spouse file for chapter 13 and still get the automatic stay without the bank coming after the spouse who did not file chap 13?

[namvet]

---

DST wrote:

If our mortgage is in both of our names, can one spouse file for chapter 13 and still get the automatic stay without the bank coming after the spouse who did not file chap 13?

 Yes

---

[DST]

Thanks...spouse is going to file chap 13 tomorrow and I didn't want the bank to still foreclose on the home since I didn't file.  I think I can stop sweating now...thanks

[namvet]

You're welcome and good luck.  If things don't go as planned you can also file later on. 

[DST]

you mean file later on if the automatic stay is lifted? correct?  Are there other reasons as to why I should/would need to file later?

[namvet]

---

DST wrote:

you mean file later on if the automatic stay is lifted? correct?  Are there other reasons as to why I should/would need to file later?

 In the event your spouse's bankruptcy was dismissed and not discharged you could then file if necessary.  I'm sure you won't have to file yourself but sometimes bankruptcys don't go as planned so always have plan B. 

---