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I filed chapter 13 before the October 2005. I am planning on filing for divorce. Can I convert to chapter 7?

Asked over 2 years ago - Pittsburgh, PA

Bankruptcy Chapter 13 Bankruptcy Chapter 7 Bankruptcy Divorce Filing for Bankruptcy... more

I filed for chapter 13 BK 4 years ago.

I have payed the BK on time via payroll deductions and have a few thousand in escrow (more than enough to cover the arrears in my mortgage that accrued pre-BK).

Ultimately I would like to file chapter 7 dissolve the bankruptcy then the marriage. Short term I will pay the mortgage (there are children involved) as scheduled until terms of the divorce have been worked out.

Currently there is no risk of me losing my job.

I live in another state (IN) now because of my job spouse refuses to move.

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Attorney answers (1)

Luana Martucci

Reputation Level 8

Answered over 2 years ago. Bankruptcy Attorney in Seffner, FL.

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When one gets a divorce it usually makes for significant change in ones household expenses and household income. Assuming that you were not separated prior to your BK and that your were living together with your spouse contributing to both the household expenses and income. You may be able to convert to a chapter 7. I am also assuming that you are on a 5 year payment plan, you only have one year left to pay. The expense of converting may not be worth it for you at this point.

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