Skip to main content

We filed a Chapter 13. My Husband is verbally abusive. I'm disabled. Can I file a Chapter 7? Remain in home, sons car, college $

Fortson, GA |

Waiting disability but cannot work. Average 1-2 surgeries a month. Husbands' military, verbally abusive, breaking,throwing objects close to me. Threatening to hit me in the head.I have a horrible head injury and TBI. Already had 4 jaw surgeries, 4rth yesterday. Hubby again today..throwing wheelbarrow, rakes, cussing, yelling, the usual. I can't deal anymore. We've only been married 2 years, the entire time I have been severly injured. I will file an abuse report with Ft. Benning tomorrow, then go to lawyer that filed chapter 13. Can I file a chapter 7?I qualify hubby wont. Can I get my sons car back and protect his VA college money? My house and my car? I have no money, very BAD disability lawyer and more surgeries coming up. Husband is PCSing in 2 months, for 3 years.

Attorney Answers 4

Posted

Your attorney can file a motion to bifurcate your case and then convert your case to Chapter 7 if appropriate. You and your spouse should have separate bankruptcy attorneys once your case is bifurcated. You need to get out of that abusive relationship as soon as possible. Good for you in taking the first step, which is making the decision to leave.

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

Mark as helpful

7 lawyers agree

6 comments

Asker

Posted

Thanks Shaye. I am not the abusers type. I just do not want to leave my house. The entire reason we filed a chapter 13 is because he stopped paying my car payment while I was in the hospital. That was the only bill he paid, not so bright on his part. He's military and uses many issues as a crutch..PTSD, any sliver of an injury, working in general. A lot of skeletons in that closet and I am scared. OK, great thanks so much for the quick answer.

Sandra A Kuhn Esq.

Sandra A Kuhn Esq.

Posted

Great answer!

Shaye Larkin

Shaye Larkin

Posted

Asker, you should contact your local women's resource center for guidance and support on how to break away from this. Here in SF in the Mission District we have a "womens" building that focuses on womens issues and provides support and resources for victims of domestic violence. There are many shelters available where women can stay safely. Very likely there are places like this where you live too. Good luck to you.

Richard D. Granvold

Richard D. Granvold

Posted

Great advice by World Famous Bankruptcy Attorney Larkin! Follow her advice and good luck.

Shaye Larkin

Shaye Larkin

Posted

:) thank you :)

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Listen to the sage advice by this learned counsel.

Posted

I agree with the other answer. You should consult with separate experienced bankruptcy counsel relative to your complete financial picture and to make sure a Chapter 7 is the best way to go for you and what you can do relative to your home and car. If 7 is for you, you can bifurcate the cases and move on. Best of luck to you.

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Shaye Larkin

Shaye Larkin

Posted

Excellent response; I agree

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Listen to the sage advice by this learned counsel.

Posted

First, you should NOT go to the attorney who filed the chapter 13 as they have a built in conflict of interest in trying to represent any couple that jointly filed a ch 13. It is about impossible for the attorney to try and set forth on the possibly conflicts of interest and have both of you sign them. You need to go to a new attorney and see your options which include (1) CONVERTING to ch 7 along with a bifurcation, (2) staying in ch 13 and bifurcating and lowering plan payments, (3) DISMISSAL and later filing a ch 7, or (4) letting your husband make all ch 13 plan payments now while you go through a divorce. Sorry to hear about all of that. No attorney w/o knowing all the types of debts in your ch 13 can know for sure which option you should take. Find a great experienced attorney on Avvo in your state and you can then learn which option they suggest and why. Good luck.

Mark as helpful

1 found this helpful

4 lawyers agree

2 comments

Shaye Larkin

Shaye Larkin

Posted

Excellent response; I agree

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Listen to the sage advice by this learned counsel.

Posted

I hope you aren't looking to bankruptcy as the solution to all the problems you described because I can guarantee that filing a Chapter 7 won't resolve anything other than your current debt situation. And frankly it sounds like you may need to add in many more debts. I have written a couple of articles covering the issue of when you may want to file bankruptcy called "Now or later" and the link to the list of my articles is below. Since it was one of the first articles I published, you will have to scroll past a lot of my other articles to find these two. Hope this perspective helps!

Mark as helpful

2 lawyers agree

3 comments

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Listen to the sage advice by this learned counsel.

Shaye Larkin

Shaye Larkin

Posted

Excellent response; I agree

Asker

Posted

Yes I agree as well. I did not think of new expenses. Thank-you!

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics