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How would divorce affect my chapter 13?

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    How would divorce affect my chapter 13?

    What if I add a divorce to my chapter 13? My husband did not file with me, so would my chapter 13 change to a 7? How hard would this be to do and what would it entail? I’m trying to keep it (the marriage) together but it’s very hard. The problem is we have 3 months of arrears on the house too. I never ever thought I would be in this situation and yet here I am. My 341 is scheduled on the 6th if it does not get cancelled due to COVid 19.

    Gonna try o stick it out but need to know what would happen if this happened. Thanks!

    #2
    Have you asked your attorney? He or she would probably be your best first stop.
    Chapter 13 (not 100%):
    • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
    • Filed: 26-Feb-2015
    • MoC: 01-Mar-2015
    • 1st Payment (posted): 23-Mar-2015
    • 60th Payment (posted): 07-Feb-2020
    • Discharged: 04-Mar-2020
    • Closed: 23-Jun-2020

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      #3
      Not yet

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        #4
        Originally posted by skyoumans View Post
        What if I add a divorce to my chapter 13? My husband did not file with me, so would my chapter 13 change to a 7? How hard would this be to do and what would it entail?
        I actually did this. I was in talks about divorce when I filed. The final divorce came through 2 years after filing. I just filed a Motion to Modify Confirmed Plan with all the details about the support payments and division of assets. That was pretty easy to do. Unfortunately, bankruptcy followed by divorce, or vice-versa, seems to be the recipe.

        I wish you the best.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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