Legal Question in Bankruptcy in Georgia

I filed a joint chapter 13 bankruptcy in Nov '08. Payments are $490/mo for 5 years. Divorced May '09. I have been unemployed for over 2 months. I agreed to pay the bankruptcy in the final decree. I want to convert to a chapter 7. Do I need to split the 13 and pay her portion? Also, if I convert, will my credit report reflect the bankruptcy for 10 years from the time I filed the 13, since I am converting, or is like an entirely new filing?


Asked on 4/02/10, 3:29 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your bankruptcy lawyer is obligated to answer this question and is who you should ask. The language of the divorce decree affects if converting will help you, as divorce related claims are not dischargable. Your lawyer is the only one who has seen the language.

In a conversion the reporting is still from the filing date.

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Answered on 4/07/10, 5:07 pm


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