Bankruptcy in Florida?

Question

1) Ex-wife is filing for Ch 13 in Florida. I hold a 2nd mortgage on her primary residence and have initiated foreclosure proceedings. Her first and third mortgages are foreclosing. Where do I stand in my foreclosure due to her bankruptcy?

2) Ex-wife took third mortgage in violation of divorce order. Can the Ch 13 be denied for bad faith? She is also not claiming as income a large dollar amount of my 457 that she has not taken but has a legal right to. Is this also bad faith?

Answer 1

i think your out of luck. you come in third if anything is left.  how did she get another mortgage?  as far as the 457 she is not taking because she does not want to lie in court.

after bankruptcy she will take it

Answer 2

I would say that all her actions are in bad faith......without hearing both side of the story.

In a banruptcy the debtors are paid in the proper order....so with the mortgage 1,2,ane 3 mortgages will be paid in that manner.

As for the second question, my gut tells me that the banruptcy proceedings will be based on the financial criteria and not the reason behind it unless there is evidence to prove criminal intent....in other words borrow to get cash, hide the cash and file banruptcy.