# Divorce while in Ch. 13



## BRB (Mar 16, 2011)

Hi,

Has anyone gotten a divorce *while* in Chapter 13?

DH and I are 2.5 years into a 5 year Ch. 13. I'm getting ready to file for D. Best case scenario is that we separate the bk and we're each responsible for our portion. I do not want to be tied to him at all.

Any advice? He's not cooperating and our atty will only meet with us together. So, I'm guessing I'll have to find a new bk atty.

Thanks!


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## Fozzy (Jul 20, 2013)

It MAY be possible to convert it to a Chapter 7 after the divorce, assuming you pass the means test based on lower household income. You'd want to talk to a BK attorney about that though.


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## BRB (Mar 16, 2011)

Thank you for replying. My first option would be to bifurcate the Ch. 13. I will also look into converting, but I think my salary is above the limit.


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## Fozzy (Jul 20, 2013)

Even if you don't qualify for a Ch 7, many times a trustee will be open to renegotiating the Ch 13 payments in situations like that.


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## BRB (Mar 16, 2011)

Exactly, but I want to separate the bankruptcies now. I do not want any ties to him. He cannot keep a job and I've don't want to continue to pay his debts. The bk has been garnished from my paycheck for the last 2 1/2 years.


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## BRB (Mar 16, 2011)

Update: He did lose his job. My divorce atty is still working on the PSA. I'm still curious to know if anyone has divorced while in a joint Ch. 13 bk.

Thanks!


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