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My ex let our marital home go back to the bank, claimed bankruptcy and now they're coming after me? What do I do?

Plattsburgh, NY |

He was abusive and I left with the clothes on my back and in our divorce decree he signed off my responsibility on the mortgage but the bank says I am still responsible. They are now garnishing my wages, help...

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Attorney answers 2


Unfortunately, the bank doesn't care what your divorce decree says. You are still legally responsible. You should contact your divorce attorney, as you are likely entitled to reimbursement for any monies already garnished since he claimed full responsibility in the divorce decree. His bankruptcy would not have absolved him of this agreement. However, from a practical standpoint, he may not be in a financial position to pay you, or he wouldn't have filed for bankruptcy in the first place. A bankruptcy filing will stop the garnishment. You should seek the help of a bankruptcy attorney in your area. Good luck.

This answer is for informational purposes only and is not intended as legal advice or to create an attorney-client relationship.


I agree that you should seek recourse against your ex who used the bankruptcy to evade his obligation, as in Supreme Court you will probably be entitled to a form of indemnification from him, even if its from garnished payments from his earnings. Alternatively, you may have to seek to declare bankruptcy, which has dire consequences.

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