Question on divorce during bankruptcy

[1aliasfan]

Here is my questions - bear with me:

My current C13 payment is $863 which we can easily afford. If we divorce, it would not be a problem however, the trustee wants to double our payment since we got rid of one car and the other car and motorcycle are now in the plan. We have have more disposable income.

If we end up paying $1500 a month in a 100% payback for 60 months, my H would be responsible for about $627 of that debt and me the rest. At that rate, neither one of us can afford to live separately.

So, if a divorce ensued, can we file for an amendment to the plan based on 2 households or would we have to continue paying the payment regardless of affordability?

Isn't there some type of consideration in place for circumstances like this considering how hard BK is on a marriage? Or could we file to have him removed from the C13, file an amendment based on my income and expenses, then pay to have his separately filed? I would assume we can waive conflict of interest with our attorney if we both agree.

Thoughts appreciated.

[sassiebaz]

Don't divorce. You can be separated for years. Alot of people are putting off divorce due to the economy. I totally get it too! But, if one of you is planning on remarrying, well than of course you'd need to go through with the legality. I would hold off if possible though. Good luck to you!

[1aliasfan]

How would a separation affect a C13? We would still not be able to afford separate households.

[sassiebaz]

you can be separated and still live under the same roof...

[falken]

Your attorney can file a motion with the court to bifurcate (split) your case, you would then each submit your own chapter 13 plan (one would be a new plan and one would be an amendment, but same thing).

If you want your current attorney to represent you both you will need to waive conflict of interest.