Can I contact a trustee or bankruptcy attorney on an existing case that I did not file?

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Can I contact a trustee or bankruptcy attorney on an existing case that I did not file?

I purchased a home with an ex-girlfriend who no longer lives in the home with me. She filed for bankruptcy last year and the case is in an awaiting closing status. I understand that the case has not received the final report from the trustee. May I contact her trustee or attorney for an expected closing date?

Asked on March 15, 2012 under Bankruptcy Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can certainly contact the trustee. The issue will be if you are considered a co-debtor and if this bankruptcy filing will impact your credit. If you are on the title and the mortgage, then your credit will certainly be impacted. Have you been in communication with the lender or servicer about attempting to take over the entire mortgage and refinance it completely in your name? If you can, then you will need to file something with the trustee to have this taken out of the automatic stay and she will have to amend her filing to exclude the debt from her debts calculation and the home itself from the assets calculation.


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