Legal Question in Bankruptcy in Utah

Divorce in the midst of Chapter 13

My husband and I have about two years left in the repayment of our Chapter 13 filing. What do I need to know in the event of our divorce? Is it possible to change it to a chapter 7 as we will be forced to sell our home anyway?


Asked on 12/29/06, 11:20 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Divorce in the midst of Chapter 13

Under the new bankruptcy rules you may or may not be allowed to change to a chapter 7. If you sell your home and there is enough equity the trustee can take that equity for your debtors. You should talk to an attorney who can help you plan the divorce in relationship to the bankruptcy.

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Answered on 1/02/07, 10:48 am


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