Question Divorce After Ch 13

[NJ0169]

We filed for BR few weeks ago and we will be having our 341 meeting in the begining of April In the mean time we have been going through very difficult time and as a result we both agreed that divorce is a must. I figured lets get the BR out of the way before filing for divorce to make things simpler. does any one know what would happend when we file for divorce?

Thank You,

[Mensa1]

You could have the case split into two different Ch 13's or maybe one of you would then qualify for a Ch 7, in which case you could convert to a 7, subject to means testing. You will each be looked at individually at that point, having two different sets of housing expenses, so a plan mod would be in order, most likely. (I am no Ch 13 expert, so check with your Atty)

[bulletproof77]

I went through a divorce during a Chapter 7. Had no bearing on the filing as long as all marital debts are included.

[Mensa1]

I went through a divorce during a Chapter 7. Had no bearing on the filing as long as all marital debts are included.

Big diff between a divorce after filing a Ch 7, compared to a Ch 13. Once you filed the 7 the change in marital status or living arrangement doesn't/didn't matter. For a 13 it changes everything; expenses increase due to two households, overall income could be effected, BIG change that alter the plan substantially. While together the means test may not have been passed, but separately they may each be able to qualify for a Ch 7.

If ever there is a good time to get a divorce, it would be at a time when you cannot qualify for a Ch 7 while together. I am not advocating the practice, just commenting on the impact.

[BCA2009]

I agree with the above comments. If you can wait to file until your divorce is complete, things should be much easier than after filing.

good Luck!