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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6100
Experience:  20 years of professional experience
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Currently in Chapter 13 joint with spouse. We are now divorcing.

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Currently in Chapter 13 joint with spouse. We are now divorcing. The plan payments come out of my paycheck. He receives VA support for vocational rehab and disability. His vehicle is part of the plan payment. He is not offering to reimburse me for the vehicle. I am on the title of the vehicle and he is talking about filing chapter 13. I don't want to release my interest in the vehicle so he can do this because the plan payment will increase and I will be stuck paying higher plan payments while he doesn't have to pay anything. Can a divorce lawyer help divide the debt equally. He is very capable of holding down a job making $50,000 a year, he just chooses not to work and live off of his VA checks and go to school.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.
I do not understand how he can file a chapter 13 if he is already in a chapter 13 with you. Can you please clarify.
Customer: replied 7 years ago.
I'm sorry, he wants to file chapter 7 on his own and leave all the outstanding joint debt my responsibility to pay back.
Expert:  Maverick replied 7 years ago.
Need a clarification: Is he on the title to the vehicle as well as you?
Customer: replied 7 years ago.
Yes, I am the primary borrower and he is the co-borrower. He has possession of the vehicle, although I am paying it through the CH 13 repayment plan from my paychecks.
Expert:  Maverick replied 7 years ago.

During the divorce, your lawyer should also file a action to partition the personal property (vehicle). This will force both parties on either selling the vehicle or one person buying the vehicle out from the other so that the title is only in one person's name.

 

If he files chapter 7, it will discharge his liability to his portion of the debts. To the extent that there is joint liability on the debts, the creditors can still look to you for the plan payments, unless you also file a chapter 7.

 

You can file a chapter 7 and reaffirm the note on the vehicle if you want to keep it.

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.

 

 

Customer: replied 7 years ago.
The reason for Chapter 13 is because I can't qualify for Chapter 7 because I have a job that pays me fairly well.
In a community property state (Texas) does filing Chapter 7 by one party discharge their legal responsibility for assuming half of the community property debt? If so, does finalizing a divorce before or after Chapter 7 make a different in holding the spouse who is filing Chapter 7 responsible for half the debt?

In other words, is there a way I can prevent my spouse from getting out of his responsibility of 50% of community debt? He is trying to make me pay for 100% of the debt.
Expert:  Maverick replied 7 years ago.
If there is a divorce decree in place that assigns 1/2 the debt to him, he cannot discharge that in BK. If there is no divorce decree in place and the court orders him to be responsible for 1/2 the debt after BK, then he can be on the hook that way. The BK acts to discharge the debt with respect to the creditors.
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