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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 118253
Experience:  Attorney At Law handling education matters.
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My husband and I are currently 2 1/2 years into our

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Hello
My husband and I are currently 2 1/2 years into our bankruptcy ch13. We have decided to surrender the house because it's not worth Keeping it any longer.  While deciding this,  my husband also shared that he no longer wants to be in the bankruptcy and wants it dismissed. I would like to continue with the bankruptcy because we don't have the best of a marriage and are only staying married for the kids (young teens) . Wants we do divorce in a couple of years I want to be able to move forward and be in a better finacial situation. Is there anyway I stay in the bankruptcy and be honored my term served but separate from him. ..I hate to have this commitment just go to waste.  Please advice
Nic
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can remain in the BK without him, as each spouse is entitled to their own separate bankruptcy and if you are granted BK and he is not, then he would be liable for any debts on his own once you have them extinguished as to you.
If you are going to surrender the house, you both need to talk long and hard with the BK attorney, because you may want to convert to Ch. 7 and get a complete fresh start.