QUESTION
Can I drop my joint chapter 13 while in a pending divorce?
Asked on Mar 10th, 2014 on Bankruptcy - Connecticut
More details to this question:
My wife and I filed for chapter 13 a year ago and now she wants divorce. The divorce is underway, she refuses mediation to settle and has an order that does not allow me to contact her. We've been separated for 4 months and she has not made her court ordered share of the payments in 5 months when she switched jobs and did not inform the bankruptcy court of it. My payments continue to be garnished from my checks. I want to know if I can have the chapter 13 dropped while divorcing since she's not paying?
9 ANSWERS
Collections Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
You can dismiss the chapter 13 at any time. However, the debts now come back into play and you and your ex-wife to be will now be responsible for them. You should contact the attorney who assisted you in the bankruptcy to explore your options.
Answered on Mar 11th, 2014 at 11:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to speak with your Bankruptcy counsel, not Family Law attorney.
Answered on Mar 11th, 2014 at 10:31 AM
Yes you can get out of a ch 13 of right, or just stop paying and they will dismiss your case but its best to speak to your bk attorney first.
Answered on Mar 11th, 2014 at 10:30 AM
Yes, you can voluntarily drop out of a Chapter 13 at any time, and once the payments stop coming in, the trustee will move to dismiss your wife as well. But that will be her problem.
Answered on Mar 11th, 2014 at 3:14 AM
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You may dismiss your chapter 13 at any time so long as you have not converted it from another type case. However, I recommend that before you do so you look at your option to either bifurcate the case or convert your case to chapter 7.
Answered on Mar 10th, 2014 at 7:54 PM
You are able to voluntarily dismiss a Chapter 13 at any time for any reason, or even for no reason at all.
Answered on Mar 10th, 2014 at 7:54 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Sure. You can dismiss at any time (usually). However, you might also benefit from a conversion or from severing the case into two cases or from modifying your current plan. You should talk to a lawyer before doing anything. If you have divorce lawyers, you would want to involve them in the discussion as well. Done right, resolving this properly could save you both a lot of time and money.
Answered on Mar 10th, 2014 at 7:53 PM
Deborah F. Bowinski
You have several options available to you, and it probably makes sense for you to consult with a separate bankruptcy attorney to discuss what will be in your own personal best interest. It may be possible to bifurcate or deconsolidate your joint chapter 13 into two separate cases after which you could either modify your plan or possibly convert to a chapter 7 case if you are eligible. You could possibly stop making your half of the payment and let the trustee move to dismiss the case for non-payment. You could try to enforce the order for your wife to pay her half of the payment. There may be other options as well. Without knowing what you are trying to accomplish in your plan, or what your financial situation is, it is impossible to offer any sensible guidance. Your current chapter 13 lawyer may not be able to adequately advise you separate from your wife as it would very likely constitute a potential (or actual) conflict of interest. It would be worth it to consult with a separate lawyer to seek guidance.
Answered on Mar 10th, 2014 at 7:52 PM
You can most definitely get your chapter 13 case dismissed and very likely without prejudice. You may wish to stop making the payments yourself or to stop the garnishment from occurring. Most likely your best bet is to file a motion to dismiss the case for the reasons you have already stated.
Answered on Mar 10th, 2014 at 7:47 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals