Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

Currently in Chapter 13 joint with spouse. We are now divorcing.

Customer Question
Currently in Chapter 13 joint...
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
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 2 days by:
1/3/2010
Bankruptcy Lawyer: Maverick, Attorney replied 7 years ago
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
Verified
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.
Ask Your Own Bankruptcy Law Question
Customer reply 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.
Bankruptcy Lawyer: Maverick, Attorney replied 7 years ago
Need a clarification: Is he on the title to the vehicle as well as you?
Ask Your Own Bankruptcy Law Question
Customer reply 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.
Bankruptcy Lawyer: Maverick, Attorney 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.

 

 

Ask Your Own Bankruptcy Law Question
Customer reply 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.
Bankruptcy Lawyer: Maverick, Attorney 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.
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
Verified
Maverick and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years of professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,672 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I filed for bankruptcy and qualified for Chapter 7. In the
I filed for bankruptcy and qualified for Chapter 7. In the process the Trustee found a date left off on my Deed of Trust. He filed for an Adversary Proceeding and I received a letter today stating he … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I filed chapter 7 bankruptcy in December 2009, and left off
I filed chapter 7 bankruptcy in December 2009, and left off a creditor who is now seeking garnish wages. The creditor was left off. It's a friend that file through the sheriff dept in California. Am I… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My husband and I went through a Chapter 7 Bankruptcy which
My husband and I went through a Chapter 7 Bankruptcy which was final in January of 2006. Yesterday we received a 1099 - C from the bank involved showing a cancellation of debt as 12/31/2009 with no in… read more
Maverick
Maverick
Attorney
6,425 satisfied customers
Have to file a chapter 7 bankruptcy, What about parrots as
Have to file a chapter 7 bankruptcy, What about parrots as pets...no breeding...no breeding involuled. Also have 4 vehicles Chev p/u 2009, Chev p/u 89, Ford p/up 85, Dodge 74 sedan. Need three vehicle… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Chapter 7 Bankruptcy in Utah. Now that I have filed for
Chapter 7 Bankruptcy in Utah. Now that I have filed for Chapter 7 bankruptcy what happens to my house? I am upside down in my house and have vacated the property. Does my house still go into foreclosu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
I filed chapter 7 and was told that my fiance couldn"t claim
I filed chapter 7 and was told that my fiance couldn"t claim that he owned 1/2 of all my realestate because he wasn"t on the deed but we had signed a piece of paper saying that he owned 1/2 of my fath… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Interested in information concerning personal chapter 7
interested in information concerning personal chapter 7 bankruptcy as a member of a 50/50 LLC … read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
This is a bankruptcy question. Filed Chapter 7, made
This is a bankruptcy question. Filed Chapter 7, made payments to trustee, finished payments, scheduled this month for the discharge hearing. Problem: one creditor has a lien on our home. What if anyth… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,672 satisfied customers
Regarding my chapter 7 Reaffirmation hearing tomorrow,
Regarding my chapter 7 Reaffirmation hearing tomorrow, husband is going without me. $2000 behind on payments, 6000 equity in car. When I try to talk to the people at "ascension capital" who do Cap1's … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
We filed chapter 7 bankruptcy in California with the intent
We filed chapter 7 bankruptcy in California with the intent on reaffirming the car.We are 90 days out with a report of no distribution and "awaiting discharge" on Pacer.We have $6000 equity in the car… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and elected to surrender their vehicle. Can the Creditor repossess the vehicle while the bankruptcy case is still open? Debtor has not received a dis… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
BANKRUPTCY: A debtor wants to file a personal Chapter 7
BANKRUPTCY: A debtor wants to file a personal Chapter 7 bankruptcy and owns a small business. They are filing mostly consumer debts. Can the Debtor continue to run their small business and generate in… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
This is a Chapter 7 question. The Debtor was unemployed for
This is a Chapter 7 question. The Debtor was unemployed for 4 of the last 6 months, having worked the last 2 months. Her currently monthly income amount is above the local median, but averaged over th… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,672 satisfied customers
My parents filed chapter 7 bankruptcy. They received a
My parents filed chapter 7 bankruptcy. They received a letter back from the attorney they hired and the letter stated, "they are over the limit on the allowable exemptions for a chapter 7".What does t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
This is a Chapter 7 case. The Debtor signed a reaffirmation
This is a Chapter 7 case. The Debtor signed a reaffirmation agreement less than 60 days ago and now wants to rescind it...the case is about to close, discharge was ordered but case is open for adminis… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,672 satisfied customers
I'm a disabled veteran needing to file Chapter 7 bankruptcy.
I'm a disabled veteran needing to file Chapter 7 bankruptcy. What is your fee structure? Thank you, ***** ***** … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x