Legal Question in Bankruptcy in Nevada

divorce and bankruptcy

We are in a chapter 13 bankruptcy for the next three years.If I file for a divorce now how will that affect the bankruptcy, as we have a house that will have to be sold.

Would a divorce cancel the bankruptcy or would the debts all have to be cleared due to the divorce and selling of our home.


Asked on 12/20/05, 3:08 pm

1 Answer from Attorneys

Divorce & Chapter 13 Bankruptcy

You assume that the Divorce will result in your home being sold. I wouldn't necessarily make that assumption, as many divorces do not result in the family house being sold.

You also do not say why you were in the Chapter 13 - was it because you were behind on the mortgage, for taxes, for a cramdown on a vehicle, because you didn't qualify for a Chapter 7???

It would be best to consult with your own attorney about this, as the issues are complicated.

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Answered on 12/21/05, 1:32 pm


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