What happens with divorce and chapter 13 bankruptcy?

Question

We are currently in a Chpt 13 bankruptcy and I am contemplating divorce. What would happen to our payments? Would the courts split it evenly? What happens if the other person defaults on their payment? Would it affect both?

Look . . .I am trying to keep MY commitments. Its the husband that thinks he needs new cars, new cell phones, new everything, and can't be happy with what we have and what we can afford.

I am trying to stay together for the kids sake, but at the same time it might be better for them also if we just move on.

But this question is not about that, it is about what happens to the bankruptcy payments.

Thanks to those who help.

Answer 1

Any debt to include bankruptcy payments will be split.

The court "should" order an even payment be submitted by both parties.

Keep your receipts: Should your husband default you can defend your position of steady payments.

After the divorce you can legally have your credit report separated from his as well. It's a lengthy process but you can clean your life up.

From a survivor of Divorce, Chapter 7 and a current 698 credit score holder.

Good Luck

Answer 2

Your obligation to the bankruptcy court won't change. What will have to happen is to determine who has to pay how much in your divorce case. Who pays how much depends on how much both of you owe. While you're in chapter 13, you need court permission to incur new debt, is your husband getting loans on stuff without court permission?

It may be possible to split up administration of your case due to divorce, but it won't make things easier. You need to talk to your bankruptcy attorney AND whoever you hire to do your divorce.

Answer 3

same thing that happens when a tornado or a sunami takes your whole life's possessions away. tidy up the loose ends and begin again and thank God you have your family

Answer 4

You need to deal with your problems, keep your commitments, and stop running away already.

Merry Christmas