QUESTION
Can I drop out of the bankruptcy so that he can only pay for him?
Asked on Aug 13th, 2014 on Bankruptcy - Washington
More details to this question:
My husband and I are having marital issues. He's steady getting on me about him paying for me. We filed Chapter 13.
4 ANSWERS
Ch 13 is voluntary and you can get out at any time.
Answered on Aug 15th, 2014 at 8:41 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can ask the court to dismiss the bankruptcy for yourself, then your husband would have to decide how he wanted to proceed - to keep on the same plan, the modify the plan or to dismiss himself. You could ask the court to split your chapter 13 from his chapter 13, if you've divorced or separated, this would make sense but if your "marital difficulties" mean your arguing but still living together, it's somewhat difficult for the court to see how expenses would be split or whether there's been a actual change in circumstances if you're still making the same incomes and still have the same joint expenses. One thing to consider is that you'll probably have to find a new attorney, since you current attorney represented both of you and now there is a conflict between you - your attorney will probably not be able to represent either of you.
Answered on Aug 14th, 2014 at 7:24 PM
Yes. But that is very short sighted on his part. Anyway, it can be done.
Answered on Aug 14th, 2014 at 7:16 PM
Yes, it is possible for you to have the Chapter 13 case dismissed only as to you. However, there are consequences associated with doing that. If you have a bankruptcy attorney, you should discuss it with him or her before doing anything. That's especially true since you live in Washington, which is a community property state.
Answered on Aug 14th, 2014 at 6:56 AM