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  1. #1
    Join Date
    Apr 2007

    Default Chapter 13 and Divorce

    NY state : Here is my situation. My "husband" and I filed chapter 13 in october of 2005, and filed for divorce october of 2006. We own a house and had a home equity loan included in the chapter 13. I have made all chapter 13 payments since filing for divorce and he was required to make all morgage payments which he failed to do. I had to rehire our chapter 13 lawyer to stop foreclousre porceeding. My husband was to keep the house, but since he cannot refinace the morgage my name cannot be removed from the house, which makes me finacially responsible. It has been decided that because he cannot be trusted to continue to make the payments I should live in the house. I will be required to make the morgage payments, the chapter 13 payments and the loan payment we incurred from my 401k. We incurred such debt because of his ongoing gambling problem. He has not paid child support since the court ordered him to do so. My concern is that I will not receive anything from him and may not be able to afford all the bills on my own. I know that we are both responsible for this debt, but the difference is that I care if it is paid and he does not. Is there anything I can do If I find I'm in over my head? I was informed that because of the home equity loan I cannot sell the house. I did just receive a small inheritance from my mom that will get me by for now, but will not help for long. Any suggestions?

  2. #2
    Join Date
    Apr 2007
    Il.(near StL,Mo.)

    Default Re: Chapter 13 and Divorce

    You might want to talk to your lawyer re possible options - ie modifying your plan, converting to a chapter 7 if you have to, dismissing your case & then filing a second chapter 13 reorganization. There are other options also. You may end up having to report your inheritance to the trustee.

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