If I am 18 months into a 5 year bankruptcy plan, how this would be affected if get a divorce?

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If I am 18 months into a 5 year bankruptcy plan, how this would be affected if get a divorce?

I would like him to keep the house which is not included in the bankruptcy. He earns over twice what I do.

Asked on November 10, 2011 under Bankruptcy Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, it you have a bankruptcy attorney you must keep in mind that they represent both of you, and cannot help you in such a way as to cause harm to your spouse.

What you and your husband need to consider is making an agreement between yourselves as to who pays what amounts and set it out in your divorce settlement. Then when your divorce is finalized, you will have some way to enforce the terms of the agreement if your ex fails to keep his part. You should hire another attorney to draft this agreement. If you cannot agree and the payments are not made in full, the Chapter 13 trustee will file a motion to dismiss your case.

If you simply cannot agree but you wish to continue making your payments under the plan, you will need to hire a different bankruptcy attorney to file a motion with the court to bifurcate (split) your case; they will then file a new plan for you only. Your husband can also hire another attorney to file a new plan for him to pay for the items that he wants to keep (or either of you could then convert to a Chapter 7 bankruptcy, if eligible).


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