Divorce during Chap 13

[breathe]

A chap 13 is not something that a marriage that is shaky already - should attempt to try to get thru. I am the main payee of the BK and would continue the payments. I am interested on others that may have done the same. I'll need to contact my lawyer to let him know. In this instance is my wife still liable for the BK or is it my BK now? Do i need my Trustees permission?

[CCB35]

In my case ,i was the main payee as well.My wife and i are separated right now -she is actually helping me with the day to day bills because if she wasnt i wouldnt be able to make it.The way my attorney spoke -the options were:1.contact the trustee and see if the plan payment can go down-which we couldnt .2.try to separate it with 2 different household budgets-which probably wouldnt make the plan work.the way it is -my wife isnt liable by law-if she decided to quit paying tomorrow ,i wouldnt have a leg to stand on .the case would be dismissed and we would be at square one.I am luck she has kept her word and is helping me each week and we split whats left out of both our checks.I think having the payment come out of one check is a big mistake,it should have been split,but thats the way the trustee wanted it in Northeast Tn

[SMinGA]

I think the common thing to do is dismiss and refile individually after. One or both may be eligible for a ch. 7 once the incomes are no longer 'combined' under one household. (Plus median income guidelines have increased since you first filed.) Your expenses are going to change: from one house & one set of utilities, etc. to each of you living apart and possibly one paying the other child support and/or alimony.

I suggest:

1. Talk to your atty asap
2. Assess what you think your income/expenses will be individually and how that factors into the current means test.

Of course - you are nearly 3 years into your plan. Was it a 3 year plan, or 5?