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Had a joint bankruptcy then got divorced.

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    Had a joint bankruptcy then got divorced.

    My ex and I have a joint bankruptcy (to which we have been jointly contributing to payments every month for almost 5 years), however we got divorced in Feb. 2019. Bankruptcy includes the house (which she got through the divorce and my car..to which I only have $800 left on it according to the bank). Divorce agreement states that we continue to make payments until it ends in May 2020. Well come to find out, she has been only making half payments and falling in arrears...having to double up every couple months but still behind. I have been paying my full amount every month. So now, the account is $6000.00 in arrears (yeah I'm beyond pissed).
    QUESTION: Can this be bifurcated in any way splitting off my car to save it? 2) Or the balance just split period so I can pay off my portion and be done with it so I am not tied down?
    Any advice is appreciated. Thanks.

    #2
    Wow, tragic scenario and great question; cannot wait to hear the advice you get. Have you asked your attorney this same question?
    Latent car nut.

    Comment


      #3
      Generally, Chapter 13s can be bifurcated and jointly administered. I don't know how they would distribute the creditors and claims. I have not needed to do this as I was the only one that filed. In a bifurcated case, you may be able to proceed under Chapter 7 if you qualify for a discharged under Chapter 7 given the new bifurcated case and you don't need the protections of the Chapter 13 (arrears on homes and autos).
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.

      Comment


        #4
        Originally posted by justbroke View Post
        Generally, Chapter 13s can be bifurcated and jointly administered. I don't know how they would distribute the creditors and claims. I have not needed to do this as I was the only one that filed. In a bifurcated case, you may be able to proceed under Chapter 7 if you qualify for a discharged under Chapter 7 given the new bifurcated case and you don't need the protections of the Chapter 13 (arrears on homes and autos).
        This interesting... Can a jointly filed case be bifurcated from the beginning? Or does bifurcation happen by motion or amendment after the fact when circumstances arise?

        For those that like reading cases, here is an interesting argument made by a creditor in a bifurcated case: https://www.govinfo.gov/content/pkg/...bk-32127-1.pdf

        Comment


          #5
          I have no knowledge in the area of bifurcated cases. I'm only aware that they are allowed and are common in situations of divorce.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.

          Comment

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