Chapter 13 and Divorce

[vicmost]

I'm about to enter a 36 month chapter 13 plan that I've been planning on for the last 2 years. I will hopefully be paying $205 per month if my plan goes through Feb 24th.
All of the debts and mortgages were in my name so my wife did not file. After I file I plan on filing for divorce which will take about 9 months. If I can still maintain my plan payments and any future divorce costs (child support, etc.) can the trustee do anything? Can I file my taxes separately.
For mutually beneficial financial reasons we have stayed together....but this arrangement must end my Feb 2012..

[walkthaplank]

Sorry to hear about the divorce. The numbers are the numbers, if the trustee doesn't think the plan is feasible, they'll object. They'll let you cut your numbers to the bone, but you still have your child support obligations, your secured debt and at least a minimal amount of utilities/food/etc.

[walkthaplank]

You may just want to go with a 7. I think it was because you wanted to strip a lien on your home that you were in a 13, correct? If you go with a 7 you can discharge the 2nd and then you can always try to buy out the lien from the lender down the road.

[vicmost]

Thanks,
I have my 341 hearing 2/24/11 and was told it should be a "slam dunk". However my (our) attorney is back pedaling a bit. It seams I will be the first case with a new trustee and I believe a new judge. He doesn't know for sure how things will pan out. It may get continued? My numbers going into the bk are okay. I'm a bit confused. How can the trustee contest the plan after it has already been confirmed?. If I get a confirmed plan and then file for divorce what will the trustee do?

Sorry to hear about the divorce. The numbers are the numbers, if the trustee doesn't think the plan is feasible, they'll object. They'll let you cut your numbers to the bone, but you still have your child support obligations, your secured debt and at least a minimal amount of utilities/food/etc.

[vicmost]

You may just want to go with a 7. I think it was because you wanted to strip a lien on your home that you were in a 13, correct? If you go with a 7 you can discharge the 2nd and then you can always try to buy out the lien from the lender down the road.

You are correct! I'm filing 13 so I can lien strip the second. I'm going to continue with the 13 and if it doesn't work out then I will convert to a 7...Has anybody in our area actually negotiated a buy out of the lien?

[vicmost]

Sorry to hear about the divorce. The numbers are the numbers, if the trustee doesn't think the plan is feasible, they'll object. They'll let you cut your numbers to the bone, but you still have your child support obligations, your secured debt and at least a minimal amount of utilities/food/etc.

Oops, I think I know where you were going with this....Let me explain the situation a little better...I will enter the 13 and a few months later file for a legal divorce. As strange as it may sound we will continue to remain at the same dwelling. So any "child support" will be offset by her share of the bills. Her income is very low right now and it can only go up...(unless she stops working completely). I may be the one receiving the support..