Complicated situation under Chapter 13

[Spanky69]

Hello everyone,

This is my first post and was hoping someone might have a little insight to my current situation and what
I might be able to do and what I can't do? I searched online but was unable to find any solid answers so that's
what brought me here. First off, I am located in Colorado, my Wife and I had to file 13 a couple of years ago. It was pretty simple, the only thing secured is our home which is why we filed, to save from foreclosure but now things aren't going so great between us and it looks like we might be heading for a divorce after 16 yrs. My attorney had once told us that if we decided, at anytime we could convert to a 7 and surrender the home. My question is, is it possible to get another mortgage for just myself under 13 with trustee's permission and then convert to 7 and walk away from our current home? I know I would definitely need to get approved for loan and get trustee's approval but wanted to know if this is something that can be done? Normally, I would just get seperated and find an apt in the meantime but my dillemma is that I own 4 Huskies and want to do everything possible to keep my beloved pets, that's not something I could see me accomplishing trying to rent, so if I could go from one home to another without skipping a beat, it would be worth it to look into. :-)

[keepmine]

I just don't see it happening.
I doubt you'd have the income to qualify for a new mortgage while still showing an obligation for one you're still paying on in the 13.

[justbroke]

That is what I was going to post earlier. If you can't qualify for two mortgages, that would be problematic. Even more problematic, the Trustee will probably "wonder" what your intentions are with the existing mortgage. That could be an issue in and of itself. It is still worth looking at what your options would be. I just don't see anything viable with financing while having a mortgage in-plan, while trying to obtain a new mortgage, in the middle of a divorce, while trying to convert to Chapter 7. Complex.

[angel2002]

I am also in Colorado. I would have to agree with justbroke and keepmine. Perhaps your best bet is to find a house you could rent. I know that is going to be extremely difficult with 4 huskies. Trust me I know. I have 1 Siberian and I completely understand what they are capable of doing to your landscaping and how much room they need to stretch their legs. I love my dog with every breath in me and I couldn't fathom having to get rid of him. If a landlord is overly concerned about the possible destruction you could maybe agree to a much larger deposit to ease their minds. I know mine has caused at least $2k in damages to our backyard and other stuff in the last 5 years. He's worth every penny though. I do wish you the best of luck and I hope you update us on what happens.