Expert: Terry Leeders - 6/1/2011

Question
My wife and are currently in a chpt 13 since Jan. 2009.  Payments have been made timely.  Money is set aside for us to keep our house, well my wife is in the process of losing her job. The house is falling apart and we can't afford to keep it up.  My wife file chpt 7 in 2003 and I did in 1997.  Can we file chapter7 on everything?

Answer
You must have 8 years from the last chapter 7 and the beginning of the chapter 13 in order to convert the case.  Best you could do is file a motion to split the case and convert yours, and have your wife either continue the ch13, or be dismissed.  Any joint debts will still be her liability though if dismissed.