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Chapter 13 Spouse

  • Thread starter Thread starter xtfee
  • Start date Start date

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xtfee

Guest
I live in Michigan - my wife is nearing the end of her Ch13 bankruptcy for debt incured before our marriage. She has fallen behind on her payments due to a layoff and creditors are moving for payment. I cannot afford this debt - can she move for a hardship discharge and am I culpable for any repayment?
 


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ctwdjim

Guest
reply to chapter 13 spouse

Hello xtfee! a couple of questions please, that might help someone out here, in getting some help for you. #1, how many years was her repayment plan set-up for, & how much time left on this plan?? #2, were you included on her original bk filing?? two thoughts come to my mind...since your wife will be in default toward meeting her obligation to fullfill her plan, she might be able to get her plan EXTENDED. also, since she filed a chapter 13 bk, and can't fulfill her obligation, would she be eligible to convert her bk 13 into a bk 7 (liquidation)?? conversions are allowed under certain cercumstances, and there are established fees for these court proceedings. certain changes can be made without going through the bk courts, at the trustee level, but this is not one of them! your case is NOT a straight forward case, and like bigun said, an atorney would be the right choice at this time. TIMING is very crutial when it comes to court filings!
wish you two the best.
 
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xtfee

Guest
She has less than 6 months left of her ch13. I was not involved in her filing the ch13. :confused:
 

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