Divorce during Ch 13: can we get out early?

[nsupanda]

I'm going through a very bad marriage right now. My husband and I are at the tail end of our Chapter 13. We only have 9 months left. We pay in 100% of our debt over the 5 year term. When he moves out, we will not be able to afford to continue the bankruptcy due to having to support two households instead of one. He is very uncooperative so even getting him to go see our attorney to hopefully switch us to a Chapter 7 is probably out of the question. I just know that I need him out of my house, pronto.

We only owe $11,500 on our bankruptcy. If I have family that is willing to help me and loan me the money, can I just pay the balance and our bankruptcy get discharged early? Since we are at 100%, will that work?

[justbroke]

Divorce and Bankruptcy... never a good thing. You should speak to your bankruptcy attorney and figure out, along with your divorce attorney, whether to bifurcate your Bankruptcy case. You may be able to then, after the split of the case into two separate cases, immediately convert to a Chapter 7 or think about a hardship discharge. Your bankruptcy attorney will be in a bad place since they may not ethically want to represent you both.

Start with your bankruptcy attorney and make sure you consult with your divorce attorney. I can't tell you if just paying off the 100% plan through a family loan is the best thing. You need an attorney that is looking out for YOUR best interests.