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Filed Ch 13 Jointly, Can I Convert to Ch 7 Seperately?

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    Filed Ch 13 Jointly, Can I Convert to Ch 7 Seperately?

    My husband and I filed ch 13 in April of 2009. We have since then separated, he got the truck and is paying me for it. What I want to know, is if I can convert to ch 7 without him. I don't have anything in the bankruptcy that I can lose, besides the truck, and my figuring is if he's paying me for it, he can pay them for it.
    Another issue is, when I got the listing of what is being paid and who responded to the bankruptcy, most of the debts I listed either didn't respond, or they are very small amounts I am paying. They are taking $144 from my paycheck every two weeks and this is killing me. With that money I could pay off what I owe. Anyone have any advice on this?

    #2
    You can have the current ch. 13 split into 2 cases, or have it dismissed then each of you refile. Will need to talk to your atty.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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      #3
      I think you will probably need to dismiss and refile.

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        #4
        File for a Disconsolidation of the case, where you each get your own cases and have the payment changed.
        Secured Debt $196,500 Unsecured Debt $128,000
        Filed C13 5/29/2009
        341 Meeting 6/22/09
        Confirmed 11/30/09

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