Ok, in June it will be one year since I filed for Ch7, which has now after many trials and tribulations been converted to a Ch13. During this time, the stress and strain on my wife, not to mention I am not the greatest husband in the world, has taken it's toll and she is ready to divorce me. We haven't even made our first plan payment yet, as they are going back and forth about the "plan" to come to agreement and terms. So my question is, what happens if my wife and I do get a divorce, and the plan is in place, but we are no longer married. Some bills are hers, some are mine. We would then both be supporting a household etc. and the plan would be out the window. I'm ready to go sit it out in the Federal Pen, maybe hang with Enron execs and play golf.( Just joking, I know they don't get to play golf......much.)
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Since your situation is complicated, I can only suggest you consult w/ an attorney on this.
I've heard that if a 7 is converted to a 13, it can't be converted back to a 7. And, I don't know if a plan can be disected into 2. I'm thinking worst case scenario is that you could dismiss the 13. And then, you could each file a ch. 7 individually if you met the requirements based on means test, etc.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.
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There are Family Law attnys who specialize in divorce that handle BK's for divorcing clients. That's probably the type of attny you should look for and Consult with. Those attnys are better versed in the particulars of both Divorce and the impact of Divorce on BK than regular BK attnys.
I have a girlfriend who used one for her Divorce and BK. The Family Law attny did a much better job for her regarding the BK than regular BK attnys she'd consulted with. I think it had to do with intricacies of BK Law subject to interpretation due to the Divorce. Not sure.
At least that used to be the case under the Old Law. New Law,......... Who knows??!!
I do know there are Family Law attnys that handle Divorce and subsequent BK for Divorce clients. They don't do BK for anyone else but their Divorce clients.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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