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I am on the third year of my 5 yrs bk 13 repayment plan which includes both my credit cards as well as my husband's. Options?

Santa Clarita, CA |

Unfortunately, we are on the verge of divorce. Would it be possible to covert the bk from 13 to 7? We originally filed for bk13 to save our house. Our second mortgage was stripped as well. The bk was filed only in my name. We won't be able to continue to pay the planned payments and pay for separate residences. Please let me know what my options are. Thanks in advance.

Attorney Answers 5

Posted

I'm sorry to hear about your marital difficulties. This can result in all kinds of change, both emotional, physical (living spaces), and financial.

As far as bankruptcy goes, your options are:

1) continue with your Chapter 13, modifying your plan to account for changes in the budget.
2) convert the case to Chapter 7, which (given the fact you filed to "save our house") would likely result in losing your home .
3) have the bankruptcy case dismissed, and solve your debt problems outside of bankruptcy.

Note: since you filed without your spouse, the co-debtor stay of 11 USC 1301 may not protect your spouse from collections outside of Chapter 13.

And as always, inform your attorney of the pending separation and talk with them to get more in-depth advice about how each of these options may impact you and your spouse.

Good luck to you.

This answer does not create an attorney-client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.

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Posted

You should contact your attorney to advise him or her of your changes circumstances. It may be possible to modify your plan or to convert to a chapter 7 but it will depend upon the detailed information that your lawyer has and we don't. I suggest you consult sooner rather than later so that you know what to expect and can plan/strategize for whatever changes are most appropriate. Don't wait until your plan is in danger to schedule a meeting with your attorney.

Good luck!

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Posted

Your situation usually leads to conversion to chapter 7. He will probably need to file as well. It sounds like surrendering the house is on order.

This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.

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Posted

First, it depends on whether you filed a chapter 7 previously. Assuming that you haven't then you could convert or change your case to a chapter 7. If your house mortage arrears have not been satisfied in the chapter 13 or if your not current with the payment, then your mortgage will be in default. Also if you convert you have to be cognizant of the fact that you may lose some assets to the chapter 7 trustee. For example if you paid off a car in the chapter 13 and it's more then available exemptions, the chapter 7 trustee may argue that you have to turnover this asset.

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Posted

You definitely want to talk this over with your current attorney and let them know what the latest developments are.

Your bankruptcy attorney will be able to give you sound advice on whether you should modify your current chapter 13 bankruptcy, or convert to a chapter 7 when you and your husband are separated. They will be able to let you know the benefits/consequences of doing either option.

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