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How does a divorce affect a Chapter 13 bankruptcy?

Portland, OR |
Filed under: Chapter 13 bankruptcy

If a couple where to file for divorce after starting a Chapter 13 bankruptcy, how would that affect the payments for the bankruptcy and such?

Attorney Answers 3


It puts the attorney in a spot and may disqualify him or her if there are any conflicts. Other than that, as long as someone makes the payments, no much changes. All property and debts were already listed. If one party wants to convert or dismiss and the other does not, the case just gets severed.

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Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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It depends on how you handle the divorce. If you stay in the same house and your income and expenses stay the same, nothing will change.

If any of your income or expenses change, then your payment should change. Furthermore, with the divorce and new household expenses, a Chapter 13 may not be financially feasible.

If you don't have an attorney, get one.

This can be messy.

Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.

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The divorce in an of itself will not affect your chapter 13. However, assuming you will no longer be living together, your expenses will increase as you now will have 2 households. At a minimum you must notify your attorney and court of an address change.

If you determine that your expenses have increased, your attorney will have to motion the court to modify your plan to reduce the monthly payment. Be careful on the expenses/ amounts you claim as the door will be open for the trustee to argue that a modification is not appropriate where the increased expenses are "voluntary."

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