If my husband reaffirms debts in our Chapter 7, how do I protect myself from future defaults?
Question Details:
I am physically separated from my husband but we are still married. We had our Chapter 7 hearing 2 weeks ago and we expect discharge in the next 30 days. Part of the Chapter 7 are rental properties. The trustee plans to sell off 2 of them to pay some of the debt, the others are junk so he doesn't want them due to no value. My husband wants to try to reaffirm a few of these junkers. What do I need to do right now so that I am not on the hook should he default on anything he reaffirms? Do I need to get a "quick" legal separation? I have already submitted reaffirmation agreement for my car loan to my attorney.
Bankruptcy Law Answers
I don't think you need to be terribly worried about this, because I very much doubt that the lenders would accept a reaffirmation agreement without your signature as well as his. If you want to protect yourself against the chance that he'd forge your name, you can simply send certified letters to the lenders, advising them that you will not be seeking to reaffirm, and that anything that is supposed to be your signature on an agreement is a forgery. And it might make sense to file that separation action or a divorce complaint, although I'd check with your bankruptcy attorney first to make sure that won't cause a problem with the discharge.
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