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  1. #1
    Join Date
    Nov 2006
    Posts
    9

    Default Bankruptcy and Divorce

    I live in FL and am about 8 months into ch.13 bk. I am considering a divorce. Can you tell me what happens with the bk payment? We have one child. We are renting a house. The only assets we have are 2 vehicles that are paid for. How do the courts decide who is responsible for the payment and how much each person is responsible for? Are we each responsible for our half? Any info would be appreciated.

  2. #2

    Default Re: bankruptcy & divorce

    I think this is probably the first for this question. I replied because I was curious but honestly, I have no idea what will happen here. My best guest is that the payment will be divided in half and expected by the trustee on the same day as it was originally due. Also, try to be prepared in advance. I find that any new developments will always be handled better by the filer if they are prepared for the worst....if you know what I mean.

    I,m sorry about getting a divorce but at the very least you will be able to help others who will go through this eventually. These post have always helped me and I,m sure they will help some other person in the same position.
    Hang in there.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bankruptcy and Divorce

    Should we infer that your bankruptcy was filed jointly with your spouse?

  4. #4
    Join Date
    Nov 2006
    Posts
    9

    Default Re: Bankruptcy and Divorce

    soccermom, thanks for the kind words. i am just taking it one day at a time.

  5. #5
    Join Date
    Nov 2006
    Posts
    9

    Default Re: Bankruptcy and Divorce

    aaron, yes, we filed jointly.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bankruptcy and Divorce

    It is my understanding that you'll need to come up with a plan which covers the payment to the trustee out of the discretionary income of your separate household, and you both have to agree to the allocation of the payment between your households. It may not be realistic to continue a Chapter 13 bankruptcy after divorce, and I suggest you discuss these issues both with your divorce lawyer and a bankruptcy lawyer.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Bankruptcy and Divorce

    I agree with aaron that it *may* not be realistic to continue a chapter 13 bankruptcy after a divorce. A divorce can really complicate a bankruptcy. You'll need to do as suggested and talk to your bankruptcy & divorce lawyers.

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