How do I go about doing so with the bankruptcy if I am filing for divorce? 19 Answers as of January 06, 2015

My husband and I filed bankruptcy 2.5 years ago. I am now wanting to file divorce. It would be uncontested. It is a Chapter 13 and still have 2.5 years to pay.

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DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
You can go ahead and file for dissolution of marriage and just continue to pay your share of the bankruptcy.
Answer Applies to: Iowa
Replied: 1/6/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
You can file a paper with the bankruptcy court stating that you wish to terminate the Chapter 13.
Answer Applies to: Minnesota
Replied: 12/12/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
It is very simple. You and your husband decide who will make the Chapter 13 Trustee payments, and make that part of your settlement agreement in your non contested divorce. You two can decide that you will each make one-half the payment, or he pays for the first six months of the year and you pay the second six months of the year, or any combination like that. Good luck!
Answer Applies to: Colorado
Replied: 12/11/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you are continuing to pay the payments then nothing would change with the bankruptcy. If you are asking for a reduction in Chapter 13 payments then you would have to file a motion requesting a reduction.
Answer Applies to: New York
Replied: 12/11/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see a lawyer. There are several options: upon separating you each might be eligible for ch7; or the case could be split up; or one could stay in 13 and the other a 7. It is all about the math.
Answer Applies to: California
Replied: 12/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You have lots of options and it isn't possible to guess what options may apply to you without a thorough review of your circumstances. For example, what is the goal of your plan? Who is likely to be getting most of the benefit from the plan? Are you and your spouse's incomes similar or vastly different?
    Answer Applies to: Nevada
    Replied: 12/11/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Contact your bankruptcy attorney and ask.. Or get a good divorce attorney Your not estopped from filing divorce and your bankruptcy payment plan will be dealt with by the divorce judgement.
    Answer Applies to: Michigan
    Replied: 12/11/2014
    Timothy Casey Theisen, P.A. | Tim Theisen
    You should talk to a lawyer who handles both divorce and bankruptcy matters to make sure that your rights are being protected. The bankruptcy attorney who did the chapter 13 has an obviously apparent conflict of interest to continue the joint representation. Depending on the reasons you are in a chapter 13 as opposed to a chapter 7, the most likely options could include simply staying the course in the joint chapter 13, severing the chapter 13 so that one of you can file chapter 7, or converting the case the chapter 7, which may or may not involve having separate counsel for each of you in the chapter 7.
    Answer Applies to: Minnesota
    Replied: 12/11/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    There is no reason you cannot get a Divorce but you and he will have to determine who will be responsible for the payments. Consult with bankruptcy.
    Answer Applies to: Georgia
    Replied: 12/11/2014
    The Palme Law Firm, P.A. | Steve Palme
    The bankruptcy should have no effect on your ability to obtain a divorce. Now if you are on a Chapter 13 payment plan, and the order is for you to pay the monthly amount, then you will still be obligated to do so. If he is ordered to pay, then he would be required to do so.
    Answer Applies to: North Carolina
    Replied: 12/11/2014
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    Obligations under the Art 13 proceeding are marital; and will have to be apportioned in the divorce along with assets. If one party accepts full responsibility for the payment plan, there should be an offset with greater assets, assuming those are the only debts to be satisfied. The reality is that when a partnership is dissolved, and a marriage is also an economic partnership, the assets and liabilities. The payment plan is one of the liabilities to be divided, along with the assets.
    Answer Applies to: New York
    Replied: 12/11/2014
    Ronald K. Nims LLC | Ronald K. Nims
    This is a complex situation. Depending on whether you or your husband would have been below the income level for a Chapter 7, perhaps at this point, you might want to convert to Chapter 7. In any case, there needs to be a modification of the plan to reflect the higher expense of maintaining two households and to establish the liability of each of you for the remainder of the plan.
    Answer Applies to: Ohio
    Replied: 12/11/2014
    Stephens Gourley & Bywater | David A. Stephens
    You would have to work out who would pay how much into the chapter 13 plan and may need to modify the plan.
    Answer Applies to: Nevada
    Replied: 12/11/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You just treat the chapter 13 payment like you would any other debt in the divorce proceeding. You'll have to decide who is responsible for payment or how much each of you will pay. You also may be able to bifurcate your bankruptcy and convert to a Chapter 7, thus avoiding the payment altogether. I encourage you to discuss your options in detail with an attorney.
    Answer Applies to: Nevada
    Replied: 12/11/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Usually the two divorcing spouses determine in their negotiations which of them will complete making the chapter 13 plan payments. Good luck.
    Answer Applies to: Wisconsin
    Replied: 12/10/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You are free to file for divorce even though the chapter 13 plan has not yet been completed. However, oftentimes divorce makes the chapter 13 payment unmanageable because two households are much more costly than one. I strongly advise you to speak with your chapter 13 attorney with regard to your bankruptcy case. It might make sense to keep the case as is if the payment remains affordable. If it is not affordable then a modification might be appropriate.
    Answer Applies to: Colorado
    Replied: 12/10/2014
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    If you and your husband have attorneys, they need to file an Application to Employ in the Chapter 13 case. Outside counsel in any bankruptcy case must be approved by the court and the trustee. Then you can proceed with the divorce case. If you are not going to hire outside counsel and handle the divorce yourselves, then you would not need this approval.
    Answer Applies to: Georgia
    Replied: 12/10/2014
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