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Marital Separation. To Dismiss or not to Dismiss
Steve,
It's cleaner, process-wise, to dismiss one spouse and refile them only,
keeping the 13 for the other alive. In my experience, after many motions to
separate the two didn't go through because of confusion, the Chapter 13
trustee finally suggested this, which ended up working.
Hale
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The Fair Credit Reporting Act allows each trade line to stay on the credit
report for seven years after date of charge off. (It is a little more
technical than that, but that is close enough. Se 15 usc 1681c(a)(4) and
1681c(c)(1)) Getting a discharge a little sooner wont change those dates.
The bankruptcy stays on for 10 years from the date of filing, but that item
does not seem to affect the credit score very much, or becomes old news much
sooner than the delinquencies.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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If you convert one to 7, doesn't that leave the other in the current 13
alone. But since all the community property will stay in the 13, what
impact would that have on either case?
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Existing unconfirmed chapter 13 joint debtor case clients want their case dismissed because they have separated.
If one debtor is on their own, that debtor will qualify for a chapter 7. The other debtor will have to refile a chapter 13. Plan payments will be about the same.
Alternatively, is it possible to somehow bifurcate the debtors, keep the existing number, break one debtor off, assign the one a separate case number and move forward, converting that one the chapter7? Or am I hallucinating?
If I moveto dismiss the existing case I may run afoul of the dismissal with a bar problem. I can probably talk the judge out of it, I just hate have two bankruptcies on the clients' credit reports, and have the one chapter 13 debtor to have to start all over on the five year clock again.
Thoughts appreciated in advance.
Steve Burton
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