Divorce after filing Chapter 13 in Oregon

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Divorce after filing Chapter 13 in Oregon

16 months into a 5 year plan husband leaves our 23 yr. marriage. Now expenses of two households are far over plan budget. His salary alone is over chpt. 13 means test – mine alone is under chpt. 7 means test. What are my options? Can I alone request a revision to my portion of the bankruptcy? What are the provisions for a divorce after chpt. 13? Thank you so much for your help. Our BK attorney has not returned our calls in over 8 months of trying to reach her.

Asked on May 19, 2009 under Bankruptcy Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm a bit surprised that your original attorney hasn't called you back, but she almost certainly would have to tell you that she can't help either one of you, at this point.  Your interests and your husband's are in conflict, now, and she has gotten confidential information from you both, so she is absolutely out of the picture, other than supplying information about what she did for you.

This is a very complicated situation and you really must have good legal advice before doing anything.  I would suggest that you start with a divorce lawyer in your area, as soon as possible.  One resource for experienced counsel is our website, http://attorneypages.com


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