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You can make any request you want for yourself, but not on behalf of yourself and your abandoned spouse. Frequently when one spouse leaves in the middle of a Chapter 13 plan, the remaining spouse files a Motion to Deconsolidate (and has to pay the court the deconsolidation fee) and then the Chapter 13 is split into two separate cases, one for each spouse. Then, the remaining spouse can do whatever they want with their case, such as keep paying it, convert to Chapter 7, or let it get dismissed. The other spouse is then left to their own devices in their newly-separate case, and if they do nothing, it will usually be dismissed. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

2007-05-12 15:31:52
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Q: If your spouse abandons you can you ask for a dismissal in a Chapter 13 and surrender all property without them being physically in the state of Michigan?
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