Can I drop my joint chapter 13 while in a pending divorce? 15 Answers as of March 11, 2014

My wife and I filed for chapter 13 a year ago and now she wants divorce. The divorce is underway, she refuses mediation to settle and has an order that does not allow me to contact her. We've been separated for 4 months and she has not made her court ordered share of the payments in 5 months when she switched jobs and did not inform the bankruptcy court of it. My payments continue to be garnished from my checks. I want to know if I can have the chapter 13 dropped while divorcing since she's not paying?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
You can file a motion to dismiss.
Answer Applies to: Nevada
Replied: 3/11/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
You can dismiss the chapter 13 at any time. However, the debts now come back into play and you and your ex-wife to be will now be responsible for them. You should contact the attorney who assisted you in the bankruptcy to explore your options.
Answer Applies to: California
Replied: 3/11/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Sure, make a motion to dismiss.
Answer Applies to: New York
Replied: 3/11/2014
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes you can get out of a ch 13 of right, or just stop paying and they will dismiss your case but its best to speak to your bk attorney first.
Answer Applies to: New York
Replied: 3/11/2014
Law Office of Robert E McCall | Robert McCall
You need to speak with your Bankruptcy counsel, not Family Law attorney.
Answer Applies to: Florida
Replied: 3/11/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, you can voluntarily drop out of a Chapter 13 at any time, and once the payments stop coming in, the trustee will move to dismiss your wife as well. But that will be her problem.
    Answer Applies to: Oregon
    Replied: 3/11/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You can most definitely get your chapter 13 case dismissed and very likely without prejudice. You may wish to stop making the payments yourself or to stop the garnishment from occurring. Most likely your best bet is to file a motion to dismiss the case for the reasons you have already stated.
    Answer Applies to: Connecticut
    Replied: 3/10/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You are able to voluntarily dismiss a Chapter 13 at any time for any reason, or even for no reason at all.
    Answer Applies to: Nevada
    Replied: 3/10/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You may dismiss your chapter 13 at any time so long as you have not converted it from another type case. However, I recommend that before you do so you look at your option to either bifurcate the case or convert your case to chapter 7.
    Answer Applies to: Nevada
    Replied: 3/10/2014
    Timothy Casey Theisen, P.A. | Tim Theisen
    You should be able to contact the trustee and cancel the wage withholding, then your chapter 13 will get dismissed unless she makes the payments. It's usually not a good idea to be in a joint chapter 13 if you are divorced, especially if there is a no-contact order. Your situation isn't simple, you should get an attorney who practices bankruptcy and divorce. Your chapter 13 case can be severed but that's complicated. The solution depends in large part why you were in a 13 as opposed to a 7 in the first place. Sometimes people were not eligible for chapter 7 as an intact family, so they had to do 13, but then they become eligible for two separate chapter 7's once they are separated or divorced.
    Answer Applies to: Minnesota
    Replied: 3/10/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Sure. You can dismiss at any time (usually). However, you might also benefit from a conversion or from severing the case into two cases or from modifying your current plan. You should talk to a lawyer before doing anything. If you have divorce lawyers, you would want to involve them in the discussion as well. Done right, resolving this properly could save you both a lot of time and money.
    Answer Applies to: Wisconsin
    Replied: 3/10/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can do that, which is too bad because settling your debts would make your divorce easier. Since she is gone you might be eligible for chapter 7. See your lawyer about converting. You may need a new lawyer because the first one now has a conflict.
    Answer Applies to: California
    Replied: 3/10/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You have several options available to you, and it probably makes sense for you to consult with a separate bankruptcy attorney to discuss what will be in your own personal best interest. It may be possible to bifurcate or deconsolidate your joint chapter 13 into two separate cases after which you could either modify your plan or possibly convert to a chapter 7 case if you are eligible. You could possibly stop making your half of the payment and let the trustee move to dismiss the case for non-payment. You could try to enforce the order for your wife to pay her half of the payment. There may be other options as well. Without knowing what you are trying to accomplish in your plan, or what your financial situation is, it is impossible to offer any sensible guidance. Your current chapter 13 lawyer may not be able to adequately advise you separate from your wife as it would very likely constitute a potential (or actual) conflict of interest. It would be worth it to consult with a separate lawyer to seek guidance.
    Answer Applies to: Colorado
    Replied: 3/10/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    I suggest that you contact your attorney to file a motion to dismiss and have him/her reach out to your wife to get her to agree.
    Answer Applies to: Indiana
    Replied: 3/10/2014
    Hoang & Tran PLLC | Adam Tran
    If you are unable to comply with your commitments, you should contact your attorney and ultimately the trustee.
    Answer Applies to: Texas
    Replied: 3/10/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney