Legal Question in Bankruptcy in Texas

Chapter 13 to chapter 7

I am about to file for divorce and my husband and I filed chapter 13 3 years ago with 2 years left to pay. We now owe money for taxes in 2003 my husband is not working and says he can not pay child support, can I change my chapter 13 to chapter 7 and should I do this before or after I file for divorce?

Asked on 2/27/04, 9:12 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols
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Re: Chapter 13 to chapter 7

Did you AND your husband file chapter 13 together. If so, I would wait to file the divorce until you convert your case into a chapter 7 case. You also may need to get separate attorneys to represent you in the bankruptcy if you file for divorce while your still in a bankruptcy case. You must definitely let your attorney know what is happening as soon as possible.

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Answered on 3/01/04, 9:11 am

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