We got a divorce and have an active chapter 13 bankruptcy

Asked over 1 year ago - Denver, CO

My ex-husband wants to bifurcate the bankruptcy and go with a Chapter 7 while I will have to remain in the Chapter 13 due to income. How are the debts separated when they were all joint? What will happen to my current payments I make to the trustee?

Attorney answers (4)

  1. Deborah F Bowinski

    Contributor Level 17

    6

    Lawyers agree

    Answered . The joint debts will be unaffected by a bifurcation of your case. You each would have to list all your debts anyway, including joint ones. As for your payment amount, you would likely be looking at a modification of your confirmed plan due to your changes circumstances. These are really good questions, and ye person best equipped to answer them for you is your current chapter 13 attorney. Your attorney will have the information needed to answer more accurately and completely.

  2. Derek R. Caldwell

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . I hate to fall back on our standard reply that you need to go see an attorney about this, but you need to go see an attorney about this. Unfortunately, the attorney you used to file the case in the first place (assuming you had one) may now feel that he/she is not able to assist you due to the conflict between your interests due to your separation. There are far too many variables that will affect your situation and how much you may have to pay for me to give you a simple answer. You really need to speak with a local attorney who can review the case and advise. This may not be something that an attorney will do in a free consultation.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  3. Michael Avanesian

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . When you two filed jointly, your attorney told you about the potential future conflict. Now that conflict has come to fruition and at least one (or possibly both) of you have to find a new attorney.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  4. Joseph William Lehn

    Contributor Level 6

    2

    Lawyers agree

    Answered . You need to speak with your Chapter 13 attorney about this development. I do not have enough information about the particulars of your situation to advise you.

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