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Clients in a confirmed ch 13 plan going through divorce
Posted: Mon Jun 28, 2010 4:07 pm
by Yahoo Bot
If separated, will one of the spouses qualify for Chapter 7? Maybe consider
a Motion to Sever if it benefits one of the spouses.
Also consider potential conflicts of interests of representing two clients
with possibly adverse goals. ... and the ethical considerations and
precautions that go along with them, from a professional responsibility
standpoint.
Hale
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The post was migrated from Yahoo.
Clients in a confirmed ch 13 plan going through divorce
Posted: Mon Jun 28, 2010 4:02 pm
by Yahoo Bot
it would be easier to just move to modify the single plan. Trying to separate the estates is a real pain. Some judges won't do it, even though the code states that there are two estates. It would require a new fee for the separated estate, and a clerk who would know how to make the docket entries. Again, I would just move to amend the existing plan.
dennis
The post was migrated from Yahoo.
Clients in a confirmed ch 13 plan going through divorce
Posted: Sun Jun 27, 2010 8:30 pm
by Yahoo Bot
Hello everyone:
A couple who has been in a confirmed ch 13 plan for appx a year is now going through divorce. They own a property together. The Wife will stay in the property and continue to make the monthly mortgage payments. The H wishes to move out and rent a place. It is obvious that their expenses will now change. Questions:
1. Can they remain in this confirmed plan?
2. Do they need to notify the trustee?
3. I was thinking of filing a motion to split the case into two separate ch 13s, file a new income and expense for each spouse and a motion to modify. Has anyone had a similar experience?
Any advice will be greatly appreciated.
Sofya Davtyan, Esq.
The post was migrated from Yahoo.