...and it goes on and on and on


#1

Over a year ago, in my divorce agreement, my ex was ordered to refinance marital debts on properties he claimed as his, and I would sign quit claim deeds.
Now, 13-14 months later, though I have pleaded w/my attorney to send a 10 day demand letter to force the issue for 11 months, it’s possible that ex will file a bankruptcy.
Possible. Not proven.
After begging, my attorney wrote asking for bankruptcy evidence, but still never did a demand letter to force the issue of refinancing, or to set any demands or dates? We can’t possibly move to contempt if this isn’t done.
I’m very confused, because I feel the demands should have been done months ago, and they’re still not being done. I need to be relieved of the debts, or I will lose the only thing my children and I gained from the divorce, which is a small home, won’t I?
What happens when you feel like your attorney doesn’t do as you wish, his delays place you in a such a jeopardizing situation, and you still feel he is making little to no motions to protect you? Am I being overly worrisome, or is he taking the proper procedures? If ex has filed bankruptcy, then I assume it will over ride divorce agreement…
but if we file the 10 day demand to refinance before he files bankruptcy, would the demand supercede bankruptcy?


#2

This is a question best answered by your attorney, and I don’t practice bankruptcy, but generally the bankruptcy would only discharge him from liability as to the creditor. If the debt is in both your names then you’d still be liable. Depending on his agreement with you, he is still contractually obligated to indemnify you from the debt, but if he’s broke that may not be worth much.


#3

He’s not broke…thank you so much for your advice~!