QUESTION
Do you need to contact your trustee when you decide to separate?
Asked on Oct 22nd, 2012 on Bankruptcy - Michigan
More details to this question:
My husband and I filed chapter 13 now we are on a payment plan. For three yrs now we have danced around separating. We have both agreed on who pays what and plan on putting it in writing. Should he contact the trustee about our plans of separating?
6 ANSWERS
Daniel James Wilson
It depends. Do you intend to continue making Ch. 13 plan payments? It might be a good strategy to finish the plan. I suggest you talk to the lawyer who did your case.
Answered on Oct 24th, 2012 at 8:25 AM
If you are just separated you are not required to tell the trustee, although it is a good idea. If you divorce you must tell the court of your plan and get permission to do so. A divorce can open up many options in a chapter 13 bankruptcy, including a modification of the plan, a conversion of the chapter 13 to a chapter 7 and splitting the joint case into two individual cases. Call to discuss your options and find the best solution for you.
Answered on Oct 24th, 2012 at 6:03 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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That would be a very good idea.
Answered on Oct 23rd, 2012 at 10:14 PM
As long as the trustee gets your plan payments, I can't imagine why s/he would care about your personal life. However, you may want to file an amendment to schedules I & J to show your changed living expenses.
Answered on Oct 23rd, 2012 at 10:03 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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I would recommend speaking with your counsel, but yes, you should advise the trustee.
Answered on Oct 23rd, 2012 at 9:37 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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It is not necessary. The important thing is to keep the Trustee and your Chapter 13 attorney informed of your current respective addresses.
Answered on Oct 23rd, 2012 at 9:20 PM