[TKH329]

My husband and I filed Chapter 13 bankruptcy two years ago. Now, we are in the middle of a divorce proceeding. Just this week, I have been granted temporary custody and child support of our three children. HOWEVER, the judge has stated that he will not rule on any debt or property division in this case. I cannot stay tied to this man for three more years to finish out our chapter 13 plan. My attorney recommends that I separate our case and file Chapter 7 on my own. My question is -- will this enable my case to proceed in court faster? If my ex decides to remain in the Chapter 13 and adjust his plan, can we still finalize our divorce or do we need the permission of the bankruptcy court? How do we get that? The only property I want out of everything is the home we live in (which is exempted in our state). Or do we need to reach an agreement for the court to rule?

[AK lawyer]

What does your bankruptcy attorney say? Is this attorney also representing you in the divorce?

Your divorce attorney would be in a better position than any of us to answer your question regarding whether your converting to Chapter 7 would expedite the property division in the divorce. It very well may, as normally the Chapter 7 will be concluded in six months or so.

It doesn't appear that property division in the divorce needs permission from the bankruptcy court, but as I say, your bankruptcy attorney would have a better answer on that than we would.