chapter 13

Date: Thu, 03/26/2009 - 11:55
Submitted by on Thu, 03/26/2009 - 11:55
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How do they do a chapter 13 if you seperate after filing and you are on disability? We talked to a lawyer yesterday and I am going to seperate from my husband. I did not tell the lawyer that because I did not find out what all my husband had done till the meeting. How will they do the payments if we are not together?


What I think is that, your debt has been discharged under Chapter 13 because you filed bankruptcy before separation when your joint income was sufficient to pay off the debt. Now, since you are separated and you live on social security, you can switch over from Chapter 13 to Chapter 7 bankruptcy.


Submitted by on Thu, 04/02/2009 - 02:41

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Hi Pearl,
..
Chapter 13 payments are made to the Trustee, who then distributes the payments to the creditors accordingly.
..
I would seperate first, partly to avoid a mess, and partly because the divorce decree will have all your assets and debts divided as agreed and listed accordingly, and very specifically - which will come in really handy for the Chapter 13.
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If you file before, you will both have to amend the B/K, causing more time, more hassle, more paperwork, and more money. But I would check with the bankruptcy attorney to make sure, that person would be the most qualified to respond properly.
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Hope this helps,
..
chrys


Submitted by Chrys Henderson on Thu, 04/02/2009 - 02:52

Chrys Henderson

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