Legal Question in Bankruptcy in Minnesota

my husband and i are in the process of a chapter 13. will it mess anything up if we were to separate before being discharged? we've not gone before the trustee yet.


Asked on 4/27/10, 1:00 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

There's not much iinfo in your quesiton, but I'll try to answer anyway.

When you say you have not gone before the trustee, I assume you mean that you have not yet had your meeting of creditors. That would seem to indicate that it's less than a month since you filed this case.

The trouble with separating is probably the feasibility of the plan. Typically you will have proposed a plan based on your income and expenses together as a household. Separating now would certainly mess up all those numbers. You essentially would need to start over.

So based on what I make up in my head about your situation, I would say the answer to your question is yes.

However, at a different stage of the process it might not make a great deal of difference. For example, if the plan had already been confirmed, most likely nobody would care what you did as long as the plan payments get made.

This response is for general information purposes only, is not legal advice, and does not create an attorney-client relationship. Your best bet is to talk to your own lawyer about this. If you are doing this without a lawyer, that's a big mistake.

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Answered on 5/03/10, 10:31 am


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