If a married couple files for Chapter 13 bankruptcy protection and they decide to divorce, a motion can be filed with the bankruptcy court to deconsolidate (split) the case. However, that is not required and the parties can agree to continue with their Chapter 13. If the case is deconsolidated, one of the cases will get a new case number and each spouse can make their own decisions as to how to proceed.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Chapter 13 Bankruptcy and Divorce, or any other Bankruptcy matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.