QUESTION
What will happen to a chapter 13 bankruptcy if the spouse and I get divorced?
Asked on Sep 21st, 2011 on Bankruptcy - Georgia
More details to this question:
My current wife is very stressed with issues involving my ex-wife. Also she is stressed because we had to file chapter 13 bankruptcy. I am wishing to get divorced, but continue living together until the bankruptcy is finished. We have 1 1/2 years left on paying it. We can't afford to live separate now until bankruptcy is finished. I also want to protect her financially from my ex-wife. We have no intention on defaulting on anything, but we do not want to have to liquidate everything because of bankruptcy. We want to continue living together in the same address until bankruptcy is done. At which time we will decide on which way to go.
3 ANSWERS
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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It shouldn't matter just keep paying the chapter 13 plan payments.
Answered on Jun 24th, 2013 at 12:13 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Divorce can have several effects on a chapter 13. One possibility is that the case remains in effect as is. Second, the case could be dismissed. Third, the case could be converted to chapter 7. Also, either spouse could dismiss or convert their individual petition, leaving the other spouse in the chapter 13.
Answered on Sep 22nd, 2011 at 4:33 PM
Glen Edward Ashman
If you get divorced your Chapter 13 may fall apart. Discuss the options with the lawyer who filed your case as he is required to advise you for 5 years.
Answered on Sep 22nd, 2011 at 5:57 AM