If I’m in a Chapter 13 but my wife and I have filed for divorce, can I now file for a Chapter 7?

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If I’m in a Chapter 13 but my wife and I have filed for divorce, can I now file for a Chapter 7?

Asked on December 14, 2014 under Bankruptcy Law, West Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your ability to file a certain type of bankruptcy relates to your financial status, not your marital status.  However, if you do obtain a divorce, then it could affect your financial status, thereby qualifying you for a different type of bankruptcy.

However, before you do this, talk to a bankruptcy attorney different that the one you and your wife have together.  Discuss the options and advantages of continuing together or separate.  To help facilitate the divorce, it may be helpful to stay in one bankruptcy or to separate the bankruptcy depending on the facts of your case.  Your current bankruptcy attorney cannot give you advice that will be adverse to your wife, because that attorney is bound to look out for both you you. 


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