My husband and I filed Chpt. 13 in Dec. 09. We are now in the process of filing for divorce. Can my (wife) be converted to Chp

Asked over 4 years ago - Kingsport, TN

My husband and I filed Chpt. 13 in Dec. 09. We are now in the process of filing for divorce. Can my (wife) be converted to Chpt. 7?

Attorney answers (2)

  1. Angel Marie Van Wieren

    Contributor Level 12

    Answered . You should contact your bankruptcy attorney immediately.

  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . Yes, but first she must "deconsolidate" her case from yours, so that there are 2 Chapter 13 cases, and then you can convert the 13 to a 7, presuming that you meet the qualifications for a 7. I just went through this for a client last year and let me tell you, it was a bit of a nightmare as this happens so rarely, maybe once every 10 years or so. Or so I was told. I even called the clerk's office and was told one thing, only to find out that even the Clerk's office was not familiar.

    So, take it from me that you need to use those specific terms. There is are fees you have to pay when you make your Motion to Deconsolidate, for the deconsolidation and the filing fee for the 7, since it is higher than the 13 fee.

    And now I will echo my colleague's suggestion that you consult with a bankruptcy attorney who handles Chapter 13s regularly.

    One other consideration: without knowing ahead of time how the divorce will turn out, it may work to your better interest to remain in the 13!!

    Good luck in your family and financial concerns.

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