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donniemelanie · Sep 23, 2010, 06:40 AM

I had bankruptcy court yesterday and my ex showed up wanting me to still be responsible for a mobile home that neither of us live in at the time. The bankruptcy affected her in no way. She said that she was going to file contempt of court charges. If she does that I plan to countersue for contempt on a car loan that she was responsible for and let it go back. I also filed bankruptcy on that because it was in my name. My question is, can anyone tell me how this should play out?

JudyKayTee · Sep 23, 2010, 07:17 AM

I don't understand the contempt of court charge. In my experience working with bankruptcy clients if an asset or debt is deliberately omitted from a Petition the Petition is dismissed by Bankruptcy Court and the parties could be held in contempt - by the Court.

An individual cannot file charges against another individual.

Who is on the paperwork/loan for the mobile home (it doesn't matter who is or was living in it) and who is on the paperwork for the car?

donniemelanie · Sep 23, 2010, 07:24 AM

We were both on the mobile home but I was the only one on the car. If she can't file that will be great.

AK lawyer · Sep 23, 2010, 09:14 AM

Originally Posted by JudyKayTee

I don't understand the contempt of court charge. In my experience working with bankruptcy clients if an asset or debt is deliberately omitted from a Petition the Petition is dismissed by Bankruptcy Court and the parties could be held in contempt - by the Court.

An individual cannot file charges against another individual.
...

I think the OP meant contempt charges filed in the (state) divorce court. An individual who is a party may file a motion that another party (OP in this case) show cause why he shouldn't be held in contempt of court.

JudyKayTee · Sep 23, 2010, 09:49 AM

Originally Posted by AK lawyer

I think the OP meant contempt charges filed in the (state) divorce court. An individual who is a party may file a motion that another party (OP in this case) show cause why he shouldn't be held in contempt of court.

This makes a lot more sense than the ex showing up in bankruptcy court - hopefully we'll get more details.

twinkiedooter · Sep 24, 2010, 04:25 PM

Why didn't you include this mobile home in YOUR bankruptcy paperwork? Since you didn't do that you are still liable for that loan. The only person even vaguely intersted in this would be the Bankruptcy Trustee. The loan company for the mobile home can now happily come after you since this was not included in your bankruptcy paperwork. You might want to consult an attorney to have your bankruptcy amended (if possible) to add the mobile home loan.