My husband is leaving. We are in a chapter 13 bankruptcy. What are my rights?

This question was posted in the bankruptcy area. Are you looking to file a divorce action, or do you want to deconsolidate the Chapter 13 case? You need to discuss your divorce options with a family lawyer, and then consult your bankruptcy lawyer about your current situation. Your Chapter 13 case will probably need to be deconsolidated, and apportioned based on the debts that each of you will take on after your separation.

You are asking for broad info with no specific details. Don't you think it matters WHY you are in chapter 13 and WHERE the money comes from that is making the plan payments. I am sure you will be better off without this jerk! Hope this perspective helps.

There are numerous possibilities that could happen in your bankruptcy case, depending upon each of your needs and the income and expense of each you. You could both remain in the chapter 13 and divide the payment with each of you paying a specific amount, but that almost never works because one of the two parties will not be able to pay his or her part of the plan payment. Ultimately, the trustee will file a motion to dismiss because of the missed payments. Both of you can convert your case to a chapter 7, but if you were paying for a car or paying the arrears on your home mortgage through the plan, you will probably have to surrender the car or the home. You could each stay in a chapter 13, but divide the case into two separate chapter 13s so each of you would be able to stand or fall based upon your ability to pay the plan payment required to keep the items that you need to keep. One of you could convert to a chapter 7 and the other stay in a chapter 13 case. In this scenario, the case would have to be divided into two cases. Finally, if you are dividing your case into two cases, you may be required to each retain new counsel because of the potential conflicts between each of your needs. You may each be able to use the same attorney, provide you waive the conflicts in writing. This would depend upon the state bar's rules on on representing parties with conflicts. If you are represented, the first thing the the two of you do is schedule an appointment with your attorney to discuss your options.

Can't you ask your attorney? Wouldn't he know better than any attorney here?

You have rights in family court and options in bankruptcy court. Consult with a divorce attorney regarding your divorce and equitable distribution rights. Consult with your bankruptcy attorney to determine if there is a conflict of interest if the same attorney continues to represent both you and your husband. If not, and if you and your husband can afford it, you can continue in your Chapter 13. If you will now have higher expenses with two households you can modify your plan to lower the plan payment to unsecured creditors. Or, if your expenses are high enough, you might qualify to convert to Chapter 7 and pay unsecured creditors nothing at all. Of course, if you are in Chapter 13 to save your house, one of you must remain in Chapter 13. In sum, regarding remaining in Chapter 13, you have various options which your bankruptcy attorney will further explain. Good luck.