Chapter 7 and seperation

[jlc614]

What is the name of your state? Ny

As I have posted before my husband and I recently filed Chapter 7/no asset BK and we have attended the 341 meeting about a week ago. We have now decided to seperate....will this effect the BK? Will we have to refile?

 

[AttorneyOney]

The official comments to section 302 of the Bankruptcy Code makes clear that a joint case is really just two cases that are administratively combined after a single filing fee is paid. The court has to decide any case the extent to which your two estates are consolidated.

Regardless of section 302, the two of you really need separate attorneys because your interests are now adverse. There might be reasons why one of you, but not the other, would want the case to continue or terminate.

 

[jlc614]

We both want the case to continue and the seperation is amicable. I just didn't know if the court would care that we are seperating...it will actually cause us to have more expenses individually then we have together.

 

[AttorneyOney]

Well, those additional expenses would make it even more unlikely that your trustee would want you to convert to ch. 13.

My gut feeling is that nothing would need to be done in cases like yours until the 341 meeting, and maybe not even then. But local practice and the feelings of the particular judge and trustee one draws may say otherwise. Only a local bankrupcy attorney can really tell YOU what to do in the circumstances of YOUR case.

And, of course, you DO need to give the court your correct mailing addresses. In Massachusetts, that can be done by letter and doesn't require an amended form B1.