Legal Question in Bankruptcy in Illinois

My husband and I filed chapter 13 bankruptcy the beginning of this year. I am now filing for divorce. he is not working the, 13 is coming out of my check. how do i go about him having to pay for his part? It is in the divorce papers that his pay 50%, but he isn't working. Or can I after the divorce convert it to a chapter 7 ? it is on 2 vehicles his truck and my truck, my name is not on his truck and his name is not on mine. please some advise thank you


Asked on 10/04/12, 11:06 am

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

You should first consult with your current bankruptcy and divorce attorneys. The enforcement of his obligation should be in the family court proceeding. Whether one or both of you should look to convert or dismiss is a matter for your bankruptcy attorney to advise you. If you feel your interests differ too much for your bankruptcy attorney to advise you, then you should consult with a separate attorney. There are significant facts that would need to be understood from your petition as filed and from new developments in order for you to be adequately advised.

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Answered on 10/04/12, 3:13 pm


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