How will the bankruptcy court handle my inheritance and divorce relative to my chapter 13

Question

How will the bankruptcy court handle my inheritance and divorce relative to my chapter 13

Anonymous Jan 30, 2010 2 views 1 answers

My husband and I are currently in a joint chapter 13. He has been the major breadwinner for years and was making payments on our house and 13. Now, he will not work, and we have fallen behind on both. I am pursuing a divorce, and will soon receive an inheritance. Can I request that the bankrupcy court split our joint debt and allow me to continue on with my portion of the 13, or will I be responsible for all of it because I will have the inheritance - "disposable income", and could pay off the 13 at 100%? If the court "splits" debt in a 13, how does that process work. We are paying out our unsecured claims at 10%.

Brett Weiss · Accepted Answer · 2026-06-15T10:30:20+00:00

Generally speaking, you are responsible for *all* joint debt (as is your husband). Assuming you became entitled to the inheritance more than 180 days after your case was filed, and depending on the language of your Chapter 13 Plan and the treatment of post-confirmation income in OK, it might not be considered. This is an issue that you really need to talk about with an experienced bankruptcy attorney.

How will the bankruptcy court handle my inheritance and divorce relative to my chapter 13

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