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Divorcing From Chapter 13 To 7

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  • 03-27-2008, 01:08 PM
    help mom
    Divorcing From Chapter 13 To 7
    My soon to be ex-husband and I filed Chapter 13 6 months ago. According to the divoprce agreement, I will be responsible for paying the trustee all of the amount owed ($250 per month.) My 3 kids and I are living with relatives because I cannot afford to rent a place for us. I also have an 11 year old car that needs to be replaced. My relatives want us out soon and I simply cannot afford this on my salary. I have no assets. Is there a chance that after the divorce is final that I can convert the Chapter 13 to a 7 to get rid of this payment?
  • 03-28-2008, 06:47 PM
    AmieRenee1980
    Re: Divorcing From Chapter 13 To 7
    Your ability to convert to Ch 7 depends on a number of factors, not just your assets. You should schedule an appt to speak with your atty about the possibility. One thing you should be aware of though is that since you and your soon to be ex-husband filed the Chapter 13 jointly, he has to agree to convert the case as well, otherwise you would have to get into possibly severing the case and converting just you... but then that could leave you in trouble per the divorce agreement.. best to discuss this with your BK atty asap.
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