My husband and I are getting ready to file a 13 (my income is above the median and I will be in a 5 year plan), but I am looking to get divorced within the next year. The problem is, from my understanding, once we file the 13, we are commited to that plan and in order to change it we would have to start all over again with a new set of filing fees. My husband would clearly qualify to do a 7 on his own if we did not live together, but we do not have the financial means at this point to live apart. I am concerned not only with our situation right now, but also in the future. I am looking to keep the house, as I will have the kids. With the 13, MY wages will be attached, not his. Has anyone filed a 13 initially, but then had to restructure there plan due to a similiar situation like mine?
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It is my understanding that married people file individual bankruptcies frequently. An attorney who is familiar with BOTH bankruptcy and marital law should be able to help you. Also, even if you are in the Chapter 13 yourself and required to consider his income (minus his expenses) for a basis for your plan, keep in mind that the Chapter 13 can and should be modified when your financial circumstances change. -
Thank you for your feedback, it looks like we are eligible for a 7 nowComment
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