Divorce and Chapter 13 Bankruptcy

: Reese Baker & Associates

  Filed under: Chapter 13

marriageFinancial hardship can put a real strain on a relationship. This often isn’t relieved from the Chapter 13 bankruptcy as there are a lot of emotions tied in with bankruptcy. Sometimes couples are no longer able to stay together even though all the workings of the Chapter 13 Bankruptcy have been put in place. Now although all the financial arrangements and payments have been done, the divorce is most likely going to have a substantial effect on the agreement made in the bankruptcy.

Timing Your Filing

If you suspect that a marriage breakdown may take place while you are going through your bankruptcy procedure you may want to discuss this with your bankruptcy attorney. If the divorce takes place after the bankruptcy then there may be a couple of options.

You could make arrangements to change the payments under the Chapter 13 bankruptcy. The specific circumstances of your Houston bankruptcy is really going to dictate as to what options may be available to you under the Chapter 13. For example, if you are making payments on some delinquent bills then you may not be able to reduce these as the amounts are fixed. If you are not able to change this bankruptcy, then you next alternative may be to switch over to a chapter 7 bankruptcy. Either way, do not just avoid your chapter 13 bankruptcy because of your pending divorce. Make sure to check out what your options are.