Divorce AFTER Chapter 13

[lgfrog]

Hubby and I filed BK last year. Well, life, money, etc. has all taken it's toll on our 7 year marriage and we're contemplating divorce. Does anyone know how that will affect the BK? What sounds logical to me is that as part of the divorce settlement we'll each be responsible for 1/2 of the trustee payment, but I'm not sure if that's the case. We have a house as well that we are paying outside of the BK. He wouldn't be able to afford it alone, and even though I CAN afford it, I don't think I want to stay.

Any info on divorce during Chap. 13?

Thanks!

[aa06a47]

I am sure it will be set up in the divorce decree, however, I seriously doubt that the trustee cares if you divorce, he just cares about getting the money. If he don't get it, then the case will be discharged. If you sell your house, you will have to give him the value of equity that was protected when you filed. (example, amount owed=100K, house worth 200K, exemption 30K, you'll give trustee 200-100-30=70K).

This changed under the new law. If you convert, etc., it will go to present value. Ouch!!