Q: If in chapter 13 jointly with your wife and you get a divorce can you file chapter 7 legally?
A:
You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to convert your case to a chapter 7 if you're eligible.
Alternatively, you and your ex can jointly move to dismiss the 13. After a waiting period, you can file a chapter 7 (if you're eligible).
There are pros and cons to conversion vs. dismissal which a local bankrutpcy lawyer can expound on.
You absolutely should not do any of this until you've talked to an attorney to confirm that you are eligible to file a 7. It's a real mess if you dismiss your 13 only to find that you can't file a 7, because having the 13 reinstated at that point may be impossible.
1 user found this answer helpful
A: Yes, or you can split from her and maintain your own Chapter 13.
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