Normally, the answer is no. The bankruptcy court has no jurisdiction over the co-borrower. But, if the mortgage company is willing you might be able to get it done. The problem is that the bankruptcy judge may think the change does not affect your debt or assets at all. We have judges here who think mortgage companies want too many unnecessary orders so I have my doubts you will be successful. You need a lawyer who knows your specific judge and how they are likely to rule.
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What is the reason you want co-borrower removed..it does not affect you, the property , the title, or the loan really. And actually it is a benefit to have your loan "coded" in the bank's bankruptcy department for the sole reason you get a special customer service line and get right through for any thing whatsoever you may need to ask, as opposed to being put on hold for over an hour or so.
You mention taking bk borrower's name off "during the bk process" but if he filed in 2010, the bk "process" is long gone and he most certainly received his "Discharge" which is you need anything to show the bank, it is that piece of paper I suspect that is the Court Order they are talking about. If you can not get this from him, it can be pulled up through a paid service most attorneys subscribe to, and it is also public record if go to the bk court and look it up.
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Sounds like your mortgage company wants to see if you will dance to their tune for their personal entertainment. What $10/hour moron at the mortgage company thought this scheme up? The bankruptcy court does not have any authority to remove a co-debtor from a loan. All you can do is try to refinance the loan once the bankruptcy is completed. Hope this perspective helps!
If the co-borrower's liability was discharged through the co-borrower's 2010 bankruptcy filing, then this co-borrower has no obligation to your loan. You need to verify whether the co-borrower's liability is discharged. You have no basis to ask the bankruptcy court to do anything now for the 2010 filing.
Edward C. Ip
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