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Convert to Chapter 7?

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    Convert to Chapter 7?

    I'll try to keep this brief and not too overwhelming.

    STBX & I are separated. We both are on the deed to our home, which is tenancy by the entirety. STBX is the only one on the mortgage, though. State is NC.

    STBX filed ch. 13 last week after foreclosure sale was scheduled & car was repo'd.

    We have about 30,000 total equity in the house and the market here is good. If we could take a few weeks to sell, I'm sure it would.

    I have an enormous amount of debt and need to file ch. 7.

    STBX was told he can't have the car back w/out paying 3000 which he can't do. He needs a car and can't get financed when in Ch. 13. Or at least he's been given discouraging news from his attorney.

    So...the only thing he's protecting is the house that we want to sell anyway, but we're past due. Can we both file ch. 7, put the house on the market and if it sells quickly keep the proceeds? The means test is not an issue he's supporting 2 households, barely on 50,000 a year. I am unemployed but looking for a job.

    If he converts to a ch.7, how would that affect the house and the timeline to sell before the loan company can?

    Any advice would be marvelous.

    #2
    I guess, to clarify..I want to convert to ch.7 for STBX this week and file myself and try to sell the house before the motion to lift the stay has been granted. What is the turnaround time on that when converting from ch. 13?

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      #3
      He needs to talk to his attorney

      Comment

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