I'm currently in chapter 13 bankruptcy with my husband. We have been advised we can switch to 7 or have it dismissed. I want a divorce. Our relationship is miserable, I'm not mentioning it to him or the attorney that's representing us in our bankruptcy as he initially said he cannot represent us in a divorce. My husband recently got a job, he's been on std for 6 months. We have a 10 month old. He has bad ptsd. He's a very unhappy person. Should we convert our bankruptcy in order for me to file and have a better outcome? We've been married 3 years. He worked the entire marriage except last 6 months, I stayed home. What's my best option?
Your best option cannot be determined online. No one here has seen your 13 filing or your financial data. Find a local lawyer to determine what to do.
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How much of your debt actually belongs to you? Do you have co-signed debts? These are the kinds of questions a bankruptcy attorney must ask you, to deal with your situation. Are you employed full time now? If you are not presently separated, and if you have no job, your options will be limited. As long as you stay in the same household, your husband's income will be imputed to you for bankruptcy purposes. Your interests will also conflict with your husband's interests, and you may be required to deconsolidate your case. If you separate, and if you have no employment, you can hire a bankruptcy attorney, and file a motion to deconsolidate your case, then convert your case to a Chapter 7. You can also file a motion to deconsolidate your case, and then move to dismiss your separate case. Your best option would be to deconsolidate your case, and then convert the case to a Chapter 7. You need to see a bankruptcy attorney to decide your next move.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
in 2010 -2011 i lived on lewis street tybee island . miss Halloween on lewis street.:)
your question needs to be addressed to bk lawyer not divorce lawyer . take copy of your bk petition and pay a bk lawyer not associated with your current bk lawyer and let him tell you the best way to proceed . generally chapter 7 beats 13 unless u have car or home , etcthat will be repossessed under 7 but i not qualified to give bk advise so check with bk awyer (bk= bankruptcy lawyer)
First, no ch 13 attorney I believe can represent both of you if you need advice at this time as a result of your divorce as there are too many hurdles and conflicts of interest under the law (even though you may see some try to do it I personally believe it cannot be done).
Having said that, you always start with your goals which usually are simple: to keep all assets desired and to discharge all debts.
Second, the real question in your case is IMPOSSIBLE to answer by any attorney w/o knowing all the facts on equity and your income and his income and household size and types of debts etc.
Third, after an attorney knows the above #2, then they can discuss your options:
(1) stay as you are in ch 13; or stay in CH 13 AND BIFURCATE YOUR CASE;
(2) stay in ch 13 but modify the plan and also possibly bifurcate your case.
(3) dismiss which wont get rid of those debts;
and (4) (a) CONVERT to a ch 7 which sounds maybe the way to go but no one can tell w/o the facts. ONE advantage of conversion to ch7 is if in fact you have NEW debts post ch 13 they would be included in the ch 7 too!
or (4)(b) bifurcate and convert to a ch 7!
I hope I have helped too. My best thoughts: convert to ch 7 to discharge all you can..get on with your life .. Good luck.
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