Legal Question in Bankruptcy in Tennessee

Bankruptcy followed by Divorce

I am married with 3 children. About 16 months ago, I filed a chapter 13 bankruptcy. My mortgage was not included in the bankruptcy and is being paid outside of the plan. My husband did not file, as the only debt we had jointly was our mortgage and I did not want to damage his credit. The amount of my bankruptcy was approximately 22,000.00. My payments are 180.00 bi-weekly for 5 years with 100% pay back of my debts. I have paid for slightly more than 1 year. My question is: I am now having marital problems and it appears I may be getting a divorce. I would like to know how a divorce woule effect my bankruptcy and vice versa. I do not believe I could continue to pay the amount I am now paying, but I prefer not to file a chapter 7, as I do not want to lose my house or to force my spouse to file. I would like to know what my options are. Can I go back to court and reduce the amount I am paying as my family income would be drastically reduced or ask for a discharge? Can I be forced into a chapter 7 and forced to lose my house? Would this also force my husband into a chapter 7? Also, legal fees for a divorce-could they be added into my existing bankruptcy? I don't have the cash to pay a retainer and obviously don't have a credit card to charge it to. My main concern is for the well being of my children and to insure they donot lose their home. Please offer me any assistance you can.


Asked on 10/25/97, 11:19 am

1 Answer from Attorneys
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Bankruptcy followed by Divorce

As a rule, a bankruptcy court will permit a Chapter 13 Debtor to amend her Chapter 13 Plan when her circumstances change materially. If an attorney filed the Chapter 13 for you, talk with that attorney; otherwise, discuss the matter with the Chapter 13 Trustee.

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Answered on 10/28/97, 1:07 am


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