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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband and I are 2 years into Chapter 13 bankruptcy and

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My husband and I are 2 years into Chapter 13 bankruptcy and we have been separated for 4 months with the intention of divorcing. We cannot change to a Chapter 7 bankruptcy. Are we able to divorce while we still have 3 years left of payment on our Chapter 13 plan?

Hi JACustomer,

Yes - you are allowed to get a divorce while a Chapter 13 Bankruptcy is still in progress. When a divorce occurs while a Chapter 13 is still in progress, each spouse will have to pay a portion of the plan payment, and this payment becomes part of the divorce settlement - which does have to be approved by the Bankruptcy trustee.


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Thank you.




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