Bankruptcy Law
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Answered in 19 minutes by:
9/1/2019
JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,338
Experience: Managing law firm partner
VerifiedHello I will be the attorney assisting you today. Please note this site is for general information for educational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. You may receive an offer from the site for a phone call that I have no control over being offered to you. This is an optional paid service and another expert would call you when available as I do not participate in calls as an actively practicing attorney.
If the divorce gets heated, or you cannot continue with payments, you may not be able to work together in your Chapter 13. You and your spouse will have to hire new bankruptcy lawyers and file a motion with the court to split your case into two distinct Chapter 13 bankruptcy filings (or convert one of the cases to Chapter 7, or dismiss one of them).
So yes, if you cannot afford living separately with the BK payments, you can get your on bankruptcy lawyer and have the case spit from a joint to individual. He can keep his Chap 13 if he qualifies on his own (or convert to 7 or dismiss) and you can convert to Chap 7 or dismiss your part. hich you can do depends on you passing the means test- your income vs state median etc. The bankrutpcy attorney will figure that part out for you if you can file 7 or have to outright dismiss.
But you will need a bankruptcy attorney as that is not a routine procedure and definitely not a DIY project.
Please let me know if you have any questions about my reply or in general. I'll be glad to answer them.
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JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,338
Experience: Managing law firm partner
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