QUESTION
Can my spouse convert her chapter 13 to chapter 7?
Asked on Mar 02nd, 2015 on Bankruptcy - North Carolina
More details to this question:
Last September myself and my wife filed Chapter 13 bankruptcy. We have paid perfect, but she is joining the military and needs to convert to a 7 and get it discharged in order to join. So my question is can she convert her part to 7 and I continue on with my 13?
9 ANSWERS
In a joint Chapter 13 filing, one spouse may convert to Chapter 7 as long as they meet the eligibility requirements (i.e. did not file Chapter 7 within the eight (8) years preceding the filing date of the Chapter 13, household income is not too high, etc.). To determine her eligibility, what Chapter 7 would mean for her, and how her conversion would impact your Chapter 13, you and our spouse should speak with your attorney, or consult with an attorney if you do not have one.
Answered on Mar 03rd, 2015 at 6:15 PM
This is possible but not simple. You will need representation to guide you through it. Sure would have helped to answer your question if you had explained why you decided to go with a Chapter 13 instead of Chapter 7 to begin with. Eligibility for Chapter 7 is not guaranteed.
Answered on Mar 03rd, 2015 at 12:55 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The short answer is yes. You must first separate the two cases, and then she can convert her case if she is otherwise permitted to file under Chapter 7. As always in court matters, you do best to retain an experienced bankruptcy lawyer. Good Luck.
Answered on Mar 03rd, 2015 at 12:55 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Assuming that she qualifies for a Chapter 7 based on your household income, she can convert to a Chapter 7 and leave you in the Chapter 13.
Answered on Mar 03rd, 2015 at 12:54 PM
Yes. You will have to bifurcate the case. Speak to an experienced bankruptcy attorney.
Answered on Mar 03rd, 2015 at 11:25 AM
This question cannot be answered with the facts you have provided. There are too many variables. It is theoretically possible to bifurcate your case in the manner you describe, but whether it can or should be done requires a much better understanding of your situation. You would be well-served to consult with an experienced bankruptcy attorney, even if you have to pay for the consultation. Chapter 13 is too complicated to do without the advice of counsel.
Answered on Mar 03rd, 2015 at 11:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to take the details to an attorney for an opinion, I suspect that you filed the 13 jointly which will make you proposed action much more difficult and complicated.
Answered on Mar 03rd, 2015 at 10:38 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Probably, but more information is needed to answer.
Answered on Mar 03rd, 2015 at 10:36 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes. You need to have your atty file a motion to sever the cases and then a motion to convert hers to Chapter 7.
Answered on Mar 03rd, 2015 at 10:30 AM