Legal Question in Family Law in Texas

In chapter 13 bankruptcy, can I still file divorce?

While in Ch 13 bankruptcy, already making payments, can I file for divorce? The debt is joint debt and we have 3 children 8-11 and I want to file for divorce now instead of waiting the 3 years to make the payments or I want out of the bankruptcy long enough for divorce and then I will file bankruptcy again...can either of these be done? My divorce attorney said to see the bankruptcy attorney, but he repeats all conversations to my spouse because they are old friends. HELP!


Asked on 5/06/06, 11:48 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: In chapter 13 bankruptcy, can I still file divorce?

Do you know for a fact that your attorney is repeating confidential conversations to your spouse? Or merely negotiating terms of the divorce? If it is the former, then you IMMEDIATELY need a new lawyer.

Yes you can get divorced during a bankruptcy. You may have to delay some division of property and debt. The bankruptcy lawyer may be able to lift the stay as to certain property or debt.

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Answered on 5/12/06, 6:12 am


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