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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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ra-iac

Customer Question

Because of the Chapter 13 bankrupty and the state of the economy, my husband and I are planning on my staying in our home until the bankruptcy is paid off in the next three years. I would like to file for divorce before the 3 years are up. Is this possible?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Yes - you and your husband can stay both stay in your current home after your divorce, and while your Chapter 7 Bankruptcy is still in progress.

cfortunato :

I meant Chapter 13.

JACUSTOMER-lm7p66g9- :

My husband moved out in November of 2011 and I am in the home with my children. In the state of MD we have to wait for 12 months before divorcing. When this occurs, my husband has the monthly payments for the chapter 13 coming out of his paycheck. How will the trustee handle this

JACUSTOMER-lm7p66g9- :

If my husband and I agree, can the payments continue coming out of his paycheck and do we need to alert the trustee

cfortunato :

Is your husband the only one who is working?

JACUSTOMER-lm7p66g9- :

no, i am also employeed

JACUSTOMER-lm7p66g9- :

i will need to stay in the house until the bankruptcy is finished bc we can't afford to sell the house at a loss right now...and with the bankruptcy, it will be too difficult to start paying for a new house

cfortunato :

You are supposed to alert the trustee, who will generally not allow only one ex-spouse to make the whole plan payment. Usually, the trustee will want each ex-spouse to be responsible for at least some of the payment.

JACUSTOMER-lm7p66g9- :

thanks

cfortunato :

You're welcome!

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