Separation during Chapt 13

[SCRuth]

My husband filed Chpt 13 about 9 months ago He has been making payments - no problem. I did not file. The stress that this has caused in our relationship has reached the breaking point.

Has anyone out there separated during Chpt 13? From what I read, you can apply for hardship discharge (similar to converting to Chpt 7, I guess?).

I help take care of my elderly dad so I plan to move in with him. My name is the only one on the first mortgage, so I intend to pay that. DH will pay the second mortgage as "rent".

I am just looking for someone who has been through this and can offer advice.

Since I am not on the BK will I need to provide "proof" that I am not living here? My dad thinks I am just moving in to help him out (he is 93). I do not want him to be aware of the circumstances. Since I am not on the BK can the trustee question him(dad) /me?

[Flamingo]

While I did not go through anything similar myself, there have been numerous postings in this forum by others with the same problems. What you need to do is consult a domestic relations attorney so you know your rights and what you can and can't do in the state in which you reside as to your situation. Things could be complicated due to your husband's chapter 13 so get good legal advice. Best of luck to you.

[sassiebaz]

I am going through the same thing....you can PM me and I will tell you what my lawyer told us....