If you get a divorce while your Chapter 13 is in progress, you and your wife can continue to make the plan payments as they are, or you and she can request a modification in the payment - so that each makes and is responsible for separate payments.
If you do not want to keep your house or your car, you can stop paying the mortgage, and you can stop paying the car loan.
As long as the Chapter 13 plan - modified or not - is completed, your liability for both the mortgage and the car loan can be discharged.
I think this is what you wanted to know. If not, please let me know.Thank you.
what about the house and car does that change the current BR 13 payment? so the plan payment will not change when i stop paying the mortgage and car payments.
i guess what i'm asking is when i stop paying and the house and car go back to the bank does our chapter 13 go back to court tto be modified?
The Chapter 13 plan allows for housing expenses and for transportation expenses.
You are allowed a housing expense whether or not you are paying a mortgage or rent.
You are also allowed a transportation expense whether or not you are paying a car loan.
This means that your monthly Chapter 13 plan payment might and might not have to be modified if you stop paying the mortgage and the car loan.
If there is a change, it should be a modest change.
i know that can you read my question again please>
You asked if your case has to go back to court to be modified.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).