QUESTION
Do I have to have my Chapter 13 dismissed to get divorced?
Asked on Sep 11th, 2013 on Bankruptcy - Texas
More details to this question:
My husband's attorney is telling me that I have to have our chapter 13 dismissed before getting divorced. Will the court approve the divorce and place chapter 13 as a debt?
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to file a motion for relief from the automatic stay and get court approval to file the divorce.
Answered on Oct 31st, 2013 at 6:04 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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No, you do not have to typically dismiss your bankruptcy to divorce. Visit with your bankruptcy attorney. You can bifurcate your Chapter 13 and potentially even qualify for a Chapter 7 if you wish and the circumstances permit. But there is a proper order to doing things with the bankruptcy and divorce.
Answered on Sep 12th, 2013 at 3:26 PM
First of all, never listen to your husband's divorce lawyer about bankruptcy issues. Talk to your own bankruptcy lawyer and your own divorce lawyer. If you don't have one, get one. There are critical issues here for which you need your own counsel, especially if there is property involved and you need to divide that property and figure out who gets credit for what in the bankruptcy. That said, no you do not have to dismiss a bankruptcy case to get a divorce. Sometimes it makes sense, but sometimes not. Again, talk to your attorney not your husband's.
Answered on Sep 12th, 2013 at 3:25 PM
Deborah F. Bowinski
There is no need to dismiss the chapter 13 in order to divorce. You and your husband should consult with your chapter 13 attorney or, if there is now a conflict of interest, you should each consider retaining separate bankruptcy counsel. You say your husband's attorney told you this - is he a bankruptcy lawyer, or does he do domestic relations work? Why would you rely on his separate attorney's advice? His lawyer's job is NOT to advise you. Keep that in mind. If you want the best information for your own options you may have to retain your own lawyer.
Answered on Sep 12th, 2013 at 3:25 PM
Bankruptcy Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You do need to dismiss, but you need to vacate the stay to continue with the divorce
Answered on Sep 12th, 2013 at 3:25 PM
2 Awards
You do not have to have your chapter 13 bankruptcy dismissed in order to get divorced. However, when you divorce you will need to address who pays what amount of the plan payment.
Answered on Sep 12th, 2013 at 3:24 PM
There are too many variables with limited information; consult with your attorney as your husband's attorney represents his interests.
Answered on Sep 12th, 2013 at 3:24 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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First of all, if your husband's attorney is doing anything other than trying to get the best result for your husband, he's committing an ethical violation! His job is to get the best result for your husband. I think it may be a terrible decision to dismiss the Chapter 13 but there is no way to tell. You have a bk attorney so have him/her help you out with this. If they don't know then you need your own bk attorney that is familiar with family law to help you.
Answered on Sep 12th, 2013 at 3:22 PM
You don't have to get your chapter 13 dismissed to get divorced, but you can force someone to remain in a chapter 13 either. Reexamine the goals of your chapter 13 to decide how to proceed.
Answered on Sep 12th, 2013 at 3:21 PM
Bankruptcy Chapter 7 Attorney serving Austin, TX
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The Law Offices of Sean T. Flynn, PLLC
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You do not have to dismiss the chapter 13 case. You just have to file a motion to lift stay so that the state court can enter the final decree of divorce and divide up property.
Answered on Sep 12th, 2013 at 3:21 PM