Best Answer

Yes, they are two separate legal issues.

User Avatar

Wiki User

โˆ™ 2006-03-04 03:06:23
This answer is:
User Avatar
Study guides
See all Study Guides
Create a Study Guide

Add your answer:

Earn +20 pts
Q: If you are in a chapter 13 bankruptcy can you still get a dissolutionment or a divorce from your husband?
Write your answer...
Related questions

Your husband is co-owner of a lake home in MN with his sister She lives in FL and her husband is filing bankruptcy Chapter 7 Is the lake home safe from his creditors?

As long as the land is owned solely by your husband and his sister then it will not be affected by her husband's bankruptcy.

Husband and you are separated can you file bankruptcy?

You can file bankruptcy together or individually when you are separated. What happens in your separation could affect your ability to file Chapter 7 and you may have to file Chapter 13 instead.

How can you split the house or equity in the house if your husband is in bankruptcy 13 at the time of divorce?

Generally, Home Equity up to $150,000 is exempt from a bankruptcy if the property is HOME STEADED.

If husband goes along with wife to file chapter 13 then wife divorces husband but its in divorce decree for husband to pay off 13 can husband get an early dismall if so would it be wise to do so?

Firstly the couple filed for bankruptcy. Secondly wife filed for divorce. If the plan to Chapter 13 is set and repayment must start in less than 40 days as per law. Then you should read the link below, very important and hire an attorney:

Your husband is filing chapter 7 bankruptcy and you are not but you are a co-borrower on his loans will you still be responsible?

In most states, YES

How will a divorce affect your chapter 13 bankruptcy?

A divorce decree does not supersede any contract. Even if the decree states that the husband is responsible for the repayment of creditors, if he doesn't pay, the creditors will call the wife and her credit report will also suffer the consequences of late or non payment. Separate all joint accounts before filing [for divorce] to make sure you don't get stuck with all/any debt.

If your husband's boat was gifted to spouse for one dollar 3 years before he filed bankruptcy can the courts take it?

yes, if filing chapter 7 no, if filing chapter 13

Is there a divorce policy in Egypt?

Yes, but it is much harder for a wife to divorce her husband than for a husband to divorce his wife in Egypt.

What can you do about your medical bills you cant pay them and you filed for bankruptcy in 2008 your husband is file on them now but they will still come after you?

Assuming these are medical bills incurred after your Chapter 7 filing and you received a discharge, and they are for medical services for you, not your husband, they will come after you. You should consider filing a chapter 13 to pay them off in whole or in part, depending on your income and expenses. If your husband has a bankruptcy lawyer, he should ask the lawyer. You may consult your own lawyer.

If you and your husband recently had your Chapter 7 bankruptcy discharged how long will it take to reflect on your credit report score?

10 years before the Chapter 7 is removed. It will decrease your scores dramatically to 400s to 500s.

What happens when a bankruptcy trustee uses an unexpected inheritance the petitioner receives to pay off debts a judge had ordered the ex-husband pay off at prior divorce proceedings?

The debts are paid off and the bankruptcy is closed or any remaining debts are discharged. Assuming the petitioner was the ex-wife who received the inheritance, the divorce court order still stands, and the ex-wife may file a contempt action in divorce court to have the ex-husband pay the ex-wife the amount used to pay the debts. He may even be liable for some or all the costs of the bankruptcy if his failure to pay the debts led to the bankruptcy.

When did Alice walker divorce her husband?

no she did not have a divorce

Can you file for bankruptcy when your husband did before you were married?

Yes you can, he may on the other hand will not be able to receive a discharge under the same chapter for 6 years.

If I file chapter 7 and my husband doesn't can they take the money out of a joint checking account?

No. As long as you are filing for bankruptcy by yourself, your money with your husband will remain joint. Keep in mind that any debts you may share with your husband will remain with him as well.

Can your husband filed a divorce in Illinois if you are pregnant?

Yes, your husband can file for a divorce in Illinois if you are pregnant.

What happens if the queen were to divorce her husband?

No divorce allowed

Can you be forced to divorce?

no you can not be forced to divorce your husband or wife

Can you keep your house when filing a chapter 7 bankruptcy?

cant you sign it over to someone you trust like a wife , husband etc.... so it cant be taken

Can your husband divorce you in Las Vegas without consent?

can your husband get a divorce in las Vegas without your consent

Can you file for divorce if your husband left for Mexico?

You can file for divorce even if your husband was still living at home. However, divorce laws vary by state.

Does your husband want a divorce?

The best way to know whether your husband wants a divorce is to ask him. If he does, then you can talk to him about counseling.

Can you divorce your husband while being married?

Yes, in fact the only way you can divorce your husband is while you are married to him.

Can my husband file a divorce without marriage certificate?

Can a husband and wife get divorce without marriage certificate around them

How do you divorce in Albania?

When you want to divorce from a husband/wife, you just tell his/her parents that he/she is not your husband/wife any longer.

What is the timing for when you should file for bankruptcy when also filing for divorce?

There are too many factors which could change the outcome of this situation, so you should really see a lawyer. Generally speaking, if both spouses are willing to file BK, it's best to file together before the divorce is final (its okay to file a BK together once the divorce has been filed, but you have to file jointly before the divorce becomes final or it's too late - it is usually better to file BK after the divorce is filed but before it's final because by then the spouses have separate households, so expenses are higher and it's easier to qualify for Chapter 7). Filing BK amicably together is ideal because it saves money, it saves a fight later, and it makes the divorce easy since there's no debt to divvy up. However, if only one spouse is filing BK, it is generally better to file after the divorce is final or else the divorce court could stick you with debts you just wiped out in bankruptcy. For example, say Wife wants to file BK. Hosband and Wife owe $20,000.00 in joint credit cards. Wife wipes out her half in bankruptcy, then files divorce. The divorce court may say something like "I want to divide the debt evenly, so each spouse has to pay $10,000.00." So, even though Wife wiped out her liability on the debt as far as the credit card companies are concerned, the divorce court - in evenly dividing debt - can still order her to pay half, and she can't then file bankruptcy on her obligation to pay half because her obligation to pay half is a post-bankruptcy obligation, and only pre-bankruptcy obligations can be discharged in BK. It would be better for Wife to get stuck with $10,000.00 of the debt in the divorce, then after the divorce is final, file BK on the credit cards and on her divorce obligation to pay half (though there can be complications if Wife's discharging her half results in a greater hardship on Husband than it would be on Wife if she kept the debt, see 11 USC 523(a)(5) and (a)(15) - and keep in mind (a)(15) only applies to Chapter 7 cases). If a hardship on Husband might occur, Wife could file a Chapter 13 and still get out of the situation with minimal debt since 11 USC (a)(15) does not apply to Chapter 13's (see 11 USC 1328(a), which does NOT list (a)(15) as an exception to discharge).