Legal Question in Bankruptcy in Tennessee

Convert to a chapter 7 after divorce

Filed chapter 13, 2 years ago with (then) spouse. Items on the plan: House, Van, approx 20K credit card debt.

Divorced last month, in the divorce decree it states that we are to sell the house and split the proceeds 50/50. The court has ordered that the van be given to her, and my name (and responsibility) be removed.

Since we are now divorced, can I convert my portion of the chapter 13, over to a chapter 7 ? Even without her approval ?


Asked on 4/03/06, 1:42 pm

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Convert to a chapter 7 after divorce

That depends entirely on what the divorce decree says. Does it say that those marital debts are non-dischargeable in bankruptcy? If it doesn't say that, then ask your bankruptcy attorney to convert your 13 to a 7; provided that is if you qualify to do a 7.

Read more
Answered on 4/03/06, 5:33 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Tennessee