Can you file for divorce while in Chapter 13?
If you are involved in a chapter 13 bankruptcy and decide to file for divorce during the repayment period, you can choose to cancel or restructure the bankruptcy plan. By canceling, you agree to stop the agreed upon payment plan; however, all debt you and your spouse have assumed will still be your responsibility.
Is it better to file bankruptcy before or after a divorce?
A main advantage to filing bankruptcy before divorce is the potential for cancelling joint marital debts that would otherwise have to be divided up as part of divorce proceedings, and then tackled separately in each spouse's bankruptcy.
How long does it take to get a Chapter 13 discharge from the court?
Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.
Can I get discharged from Chapter 13 early?
If you run into permanent financial trouble while in Chapter 13 bankruptcy, you may be able to get your debts discharged early. When you file for Chapter 13 bankruptcy, you don't normally receive a discharge until you complete your repayment plan.