Severing of Bankruptcy case due to Divorce
If you Divorce while in active Chapter 13 case then you may decide not to remain in current bankruptcy case with spouse. You can sever your final financial ties after divorce by filing a Motion to Sever Chapter 13 bankruptcy case.
It is best if both parties are in agreement for one debtor remain in current case and the ex-spouse can refile a new case. This would be an unopposed motion and your attorney will have you sign an affidavit to reflect the agreement to sever.
However, if you are a debtor in active bankruptcy and your ex-spouse refuses to contribute to the bankruptcy payment then you can still have the case severed. An intent to file motion to sever letter will be sent to opposing debtor via certified. If they do not contact our office to object then our office can proceed with filing and serving opposing debtor notice of hearing and objection deadline. If the opposing debtor does not contact our office to object then the Motion to Sever will be granted.
Please fill out our free evaluation form to determine if bankruptcy is right for you.
