Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Can a chapter 13 be modified to split up the charges of spouses?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Can a chapter 13 be modified to split up the charges of spouses?

    This is just something that I was discussing with another BK person and now I'm curious.

    Scenario - A couple files chapter 13 and are in a 100% plan. One of the spouses quits their job and has no income coming in.
    The debt being paid in the Chapter 13 is strictly unsecured credit cards and none of the cards are in both names...the accounts belong to one spouse or
    the other but not both (no joint accounts, or authorized users). The only debt they have in common in their mortgage which has very little, if any equity.

    Is it possible to modify the chapter 13 so that the one spouse who is working continues to pay 100% of their plan and the other spouse converts their part of the debt to chapter 7???
    or is that even possible?

    They are 3 years into their 5 year plan.

    Thanks for any thoughts/info.
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

  • #2
    I know that spouses can bifurcate their case in the event of divorce, but I have never heard of it being done in order for one spouse to convert to a Chap 7. It may still be difficult for the unemployed spouse to qualify for a Chap 7 if the other spouse contributes to his/her support. If this is more than hypothetical, the couple should talk to their attorney. I would be interested to learn the answer.

    Why not just modify the plan to reduce the payment?

    In a quick Google search, I found a case where the court allowed a bifurcation of a Chap 7 case so that the wife who became entitled to life insurance proceeds could convert to a Chap 13. This is a pre-2005 case and there has been significant changes to bankruptcy law since then. I don't know if any of the changes would affect it. Also, it is a Southern California District Court case that does not set precedent that must be followed by other courts.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Thanks Lady In The Red..

      My lawyer always encourages me to ask questions (even just FYI's) I may ask.

      Why not modify? In the scenario, the one person would want to pay 100% of the debt back -- only so they can continue contributing to their retirement plan.

      It's so intersting all the scenarios and questions that can come up over time
      Filed Chapter 13 - 07/20/12
      Discharged 8/2/16


      • #4
        Sure I see no reason this couldn't be done if you aren't in a community property state.
        Also what happens if you just modify the ch13 plan to reflect your current income?
        There are a lot of interesting questions here, certainly the best solution is converting both to chapter 7.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!


        • #5
          Thanks catleg and Lady. I did ask my attorney about the scenario. In a community property state, the spouses cannot bifurcate the case unless they have separated, in which case each spouse would have to has to be both, not just one of them. So the best option is to modify the plan and the payment would be revised (lowered) to reflect the decrease in pay for the couple. The other option would be to have the case dismissed and then file again, but I don't see the point to would be like starting from square one all over again and the payment amount would be the same as the modified amount..
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16


          • #6
            I assume you are in a ch13 due to excessive income on the means test?
            Have you recalculated how much income would be available to pay creditors in the plan?
            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!


            • #7
              yes..and it would be a signficant drop.masssive actually. Lots to think about.
              Right now it's just in the thinking stage.
              Filed Chapter 13 - 07/20/12
              Discharged 8/2/16


              Unconfigured Ad Widget