Chapter 7 and legal separation

[sassiebaz]

I have yet to get this question answered so I'll try here. In a ch13 now. Getting ready to separate from my spouse, too much water under the bridge to try fixin things at this point. So, we are eligible to file a chapter 7 in May of 2011. Is it plausible that we have our current case dismissed, then file separate ch7's when we are eligible? If so, do we each list our income separately, being that we'll maintain separate households and be splitting custody? What happens to the debt? All our debt was incurred during the marriage. Thanks!

[sassiebaz]

Anyone, anyone???

[keepmine]

If you are separated and maintaining separate HH's then, you each use your own income and expenses.
As to the debt-I'd list anyone who could conceivably have a claim. Yours, his, joint-doesn't matter . Any debt that may be his your lawyer will schedule as disputed. Just take a through dip in the soothing waters of bk!

[Phil]

and make sure you both file for chapter 7 so you both walk away debt free and not fighting over how to handle the remaining debt...

[sassiebaz]

Thanks for your response. This forum is so swamped with new questions and scenarios, it's hard to get anyones interest....

[tcreegan]

community prop state?

Hi sassiebaz,

Will it make a difference if you are in a community property state or not?

Separation = not divorced, right? So if com.prop. state everything remains in common....?

Why is the Ch 7 not eligible until May 2011? Is it the new you can't file for so long if you filed and dismissed rules?

If so, what about converting the Ch 13 to a Ch 7?

Just some thoughts,

Tom in Colo

[sassiebaz]

Ok, so yeah the reason we can't file ch7 until May of 2011 is that we have filed before. That will mark the 8 year anniversary so then we will be eligible to file again. In the meantime, we are in an unconfirmed ch13 for over a year. Our payments are minimal however, that is because we are on one income...his. Since I am going to leave the marriage I will need to work (obviously) so therefore if we have two incomes, we cannot stay in the current payback plan together as we will owe a large amount in the plan. So, for now Im not sure what to do. File for legal separation? I have to be able to support myself, so do we just dismiss our current case? I know I really need to call my lawyer, but on one level I am afraid of the response I'll get.

[tcreegan]

Community Prop

Hi Sassiebaz,

Was just educated in another thread about community property. Since the debt is held in common, if one spouse files the debt is discharged for both. Not sure how a legal separation affects this.

Just passing info along....

Tom in Colo

[sassiebaz]

Thanks....still need to call my Lawyer and let him know we are separating. Im dreading this phone call....