Bancruptcy now divorce

[loribell]

Hi. A year ago my husband and I filed for chap.13...now want a divorce. Is it possible for me to have chap 13 changed to a chap 7 for myself only? He filed chap 7 years ago...hence should have been my first clue on how well he managed his money...we have five children,I have a good job, but am concerned with the debt in the chap 13 plan...and being able to afford that and a new start for me and my kids- the house has me listed as #1 borrower...will I be able to list all of my assets under a chapter 7 and make the chap 13 null and void? Hopefully this makes sense...

[worriedbk7]

I am sure that you can change to a chapter 7 (especially with 5 kids)! Do you want to keep the house? I guess it would depend on the divorce decree?? Sorry I couldn't be more help (I haven't went through a divorce). I just want you to know that I sympathize with you and want to give you my support. Good luck.

[loribell]

No, I don't want to keep the house...I can't afford a 2200.00 mortgage payment! I have found a wonderful house to rent for me and the kids...I'm afraid to take it, afraid the chap 13 trustee will find out and I'll be in big trouble...but afraid to let it go to, it's perfect...David is an alcoholic and I just don't want to be here anymore...I can move as soon as tomorrow! We have a meeting to do the paper work to dissolve or to release the stay on the chap 13 on Feb23rd...I just don't know how they would find out about me starting up new utilities or if they would...the guy renting me a house i a friend, there is no creit check or anything...uuugh...what a mess.ANYWAY...thankyou for your good thoughts! Have a great day!

[robivi3]

Is there any possibilty of avoiding a divorce? With five little ones it'll be a tough go. My Dad remarried shortly after my Mom died. The woman he married was an alcoholic and bipolar. What a change in life! Nightmare, I do sympathize and empathize with your situation.

Will this man seek help? Lengthy reply not necessary and you're free to tell me to bug off.

[loribell]

No. I held on for a long long time, and after too much hurt,on the kids and mypart, I am done. The kids and I will be fine...my kids are good awesome kids, and we can do anything together. We'll be great.

[loribell]

Can anyone tell me for sure if it's possible to go from a 13 to a 7?

[klux]

I'm going from 13 to 7, file papers Thursday. There's always the chance that it won't get approved if you have disposable income and they could force you to stay in the 7, but I wouldn't worry too much. I am trying not to at least.

[HHM]

Yes, you can convert from a chapter 13 to 7.