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If i filed chapter 13 with my ex and it was coming out of his check now he filed 7 will the chapter 13 come out of my check

Cleveland, TN |
Attorney answers 5

Posted

You wrote, "If i filed chapter 13 with my ex and it was coming out of his check now he filed 7 will the chapter 13 come out of my check?"

A: No.
You will to make pmt arrangements, there is no automatic changeover.

Posted

Probably not unless you submit the proper form/request to your chapter 13 trustee's office requesting the voluntary withholding order. A better question might be whether it is still best for you to remain in the chapter 13 case and/or whether you have the ability to convert to chapter 7 as well. Please review your goals and your income and expenses with your bankruptcy attorney so that you can be sure that you are still on the right track.
Best of luck.

Posted

You will want to have your attorney file a new plan for confirmation that adjusts your plan payment to be based only your income. You will have to maintain the payments yourself.

It might also be a chance to see if you qualify for a chapter 7 as well, if that is better for your situation.

Clark County, NV practitioner.

Posted

Yes

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Posted

The answer may not be so simple im that I would first look at your divorce or property settlement agreement. If your ex was required to make these payments pursuant to your divorce you could possibly take action to have him continue to make the payments. Also, if it was a joint petition, then there must be a reason why he converted to a 7 and you may also be able to convert to a 7. First we need to know why you filed a joint 13. Was it to save the house, because you earned to much money? Why did he keep the house, was that part of the divorce? If you do nothing, then your case may be dismissed for failure to pay under th plan. The payments will not come directly from your check unless you notify the trustee of a change. Finally, the payments would likely change and you may have to file a new plan if you are relying on your income alone. This needs to be looked into before you take any action. However, do not wait because your plan payments are going to fall behind the first month.

Disclaimer: The information you obtain at this answer is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Review of this answer does not in any way constitute legal representation,