Confirmation & separating???

[julsmom]

We filed CH13 last June & between 2nd lien strip & other things, we are yet to be confirmed. That is supposed to happen Jan 13...well of course...as things go, looks like we are not working out & will be legally separating. What the heck will that now mean with the BK? Will they throw us out & have to start over? what happens to all the $$ we already paid in? Can we hold off on confirmation & file now with 2 separate households? OUr poor atty...he is gonna have a stroke! But this is just coming for a long time & not something that can just be kicked down the road.

[justbroke]

Contact your attorney immediately. You may be able to split your case and each file Chapter 7. However, divorce and bankruptcy are complicated when they happen at the same time! Generally speaking, two households aren't allowed in a single Chapter 13 filing. This is why you'll just need to work with your attorney on the best way to handle this. It could include dismissing the current case and refiling after the terms of the dissolution of marriage and property settlement issues are solved.

It can be very complex.

[dbr]

This is the same question I have -- We may look at divorce to end or amend the ch13. We simply cannot afford the payments. My wife works overtime ( I am salaried) to give us breathing room, but that is not consistant and we cannot afford to keep this up.

I have read here and on other sites that divorce while in a ch13 is not possible. WTF??? How can a court make life decisions for anybody? We have four kids, teenagers and one in college. I know it is complicated, but has anyone ever gone through this and can you post the highlights please???

I would convert in heartbeat, it would probably save my marriage, we have agreed not to fight over the details, we just want the relief we thought we would get from the ch13.

Whomever posted and believes ch 13 is not meant to be punitive is not being realistic, circumstances dictate the outcome, living through the circumstances is most definately punitive.

[AngelinaCatHub]

I equate C13 with Chinese water torture. If you split perhaps one or the other or both can go a 7. Then it is all over. Now some questions to you; would you rather keep your house, or your wife? Can you dump some things you are paying on? What valuation of your house, cars etc. and what assets are you trying to keep? IMHO a C13 is just as destructive to a credit rating as a 7 is. There must be a way to convert if your money problems are taking your marriage down the hill? 'Hub

[Pandora]

I equate C13 with Chinese water torture.

LOL Hub... now now... its not THAT bad - unless of course, you had a terrible lawyer

[dbr]

My wife will be changing her witholding next week, mine is aleady correct.
Living within our means, hmmm, not buying just about anything unless it is on sale or we have a coupon. Wife spends two-three hours every week cutting coupons, kids clothes bought at resell it store, no movies, no vacations, n o extra trips to save gas, eating out, yea right aybe Mc Ds, disgusting. One splurge, block buster one time per month. Too many things keep putting us back to square one.

It's like whak a mole, seen that game, that is my life, everyday.

[dbr]

I have asked our attorney, parlegl, she said if we file for divorce they cannot represent us any more. Great, how do we afford another attorney? And do we keep paying the 13 or get it dismissed? No one will answer any questions on what to do.

One attorney told me on the phone after I expained it to him, yes you have problem but I canno help you until you fire your current attorney. He was almost giggling when I told hm who the current attorney is. I think he knows what the problem is/was.

My preference is to keep both wife and the house, we can afford it and a reasonable repayment plan. This is a home I built with my famliy, for my family. My wife and kids are my family.

I have a feeling whomever wrote the new bk laws have never suffered a day in their life and have no clue what exactly they have accomplished.

Why is it that only 40% of 13's get completed? Does that not tell you something is wrong. I am sure there are people gaming the systemand comitting fraud, fine go after them. Why on earth is this so difficult for regular honest people.

Ahh the bitterness come out.

If I am playing cards and the deck is stacked against me, I must even the odds don't ya think? We are in the middle of the hand and the dealer sees all the cards, and we see none. My money is in the pot (along with theirs) but I am betting blind.

This site helps me see at least some of the cards.