Divorce in C13 - no joint assets

[1aliasfan]

Not sure if anyone can answer this. My husband and I have filed a C13 and have a 341 on the 22nd. I am considering filing for divorce and he does not know this right now. The liabilities and assets we have are separate. He is on the mortgage to my house, and we are wanting to sell so we can live cheaper. My attorney says we can sell and all he has to do is file a motion to do so. We are paying the house payment outside the plan.

My question is this: I cant file a c7 until 2011. Can a motion be filed after the divorce and the child support payments are in place to amend the plan and C13 to remove my husband from the C13, since we have no joint liabilities or assets?

[filingin08]

Since a 13 includes both spouses incomes, it would seem you would somehow each end up with your own 13... but not sure exactly how that would work.

If you're seriously considering divorce, why not do 7 now? Both of you and then there is nothing for the divorce atty to fight over, get rid of house pre divorce also.

Sorry if you've stated your story earlier... I'm an occassional lurker/poster. DH and I filed 13 09/2008 but had an adversary proceeding filed by his ex-wife due to marital debts that he was supposed to pay. We filed a 13 to avoid some of those.

In our case, we agreed one debt was a domestic support obligation and the others weren't. [We could have fought, and likely won, but there were other mitigating circumstances that persuaded us to reach this agreement.]

[OhioFiler]

I think you should be discussing this with your husband unless you're afraid he may harm you physically.

[woeisme]

poster clearly says she can't file CH 7 due to previous filing. You need to talk to both a divorce lawyer and a BK lawyer to determine what the best course of action is, whether you should file pre or post divorce.