Converting to a 13 from a 7

[kimba251]

We are probably going to be switching from a 7 to a 13 and already had a creditor meeting. A presumption was filed so we'll probably convert.

Do we have another creditors meeting? Do all the deadlines now go by second meeting now?

If a proof of claim isn't filed do we still owe money to that creditor?

(I have a lawyer but haven't asked him because we just decided to convert. I will reconfirm with him but for now...)

[Help!]

I know I've posted a lot to your Ch. 7 thread, but you should give your lawyer a chance to find out for sure what the UST's issues are. It does not hurt to continue down the 7 path and do all you can to prevent a motion to dismiss. Give your lawyer a chance to earn the money you're paying them. If your attorney directed you toward a 7, let them negotiate with the UST on your behalf. Worst case scenario... you can always convert at the very end and you will have lost nothing for trying. At the very least, it will give you an extra 60-90 days of no payments during which you can stock up on things you need before your disposable income goes to creditors.

Before you decide to fold, know that converting is no cakewalk either. You will have to file a plan with the court, have a new 341 hearing, and the same income/expense issues are likely to come up again. There's another 60 days for creditors to object to your plan. Converting will not guarantee that the UST won't remain involved in your case or object to your plan.

I know first hand how hard it is to have your life up in the air and to want *something* decided, but take your time and really think things through. There is no quick and easy way out, and no way to say "THIS SUCKS! I QUIT!". Stick with it and don't give up!

[liz417]

Hi Kimba,

I know this is hard, but I agree with HELP!, don't throw in the towel just yet. Your lawyer 'thought' you qualified for ch 7, let him do his job and worse case scenario, you'll have to convert to a ch 13. I've read many, many posts, and there are a few people (I can't remember their names off of the top of my head) that have had problems with their 341 meeting(s) and it just keeps getting continued and continued...but their case was dismissed!

I know it's stressful, but hang in there.

[dragonnfly]

Do you know yet what they are presuming abusive? Do give up quit yet. We got the "presumbed abuse" and all they wanted was a copy of our tax returns for 2007. After we provided that they changed it to "no presumbed abuse" As my senior citizen lawyer kept saying "WE WONT JUST ROLL OVER" (you must stand up and shake your fist in the air while saying this. Thats aparently what makes it work.) Anyways unless you have a good idea of why you got the presumbed abuse and know they will win dont give up on a 7 just yet. Good Luck Dragonnfly

[laurannm]

I agree with everyone else. if you already haven't, read through all of Help!'s posts. You can't have a much more difficult ordeal then she had dealing with the presumption of abuse, yet here she is only a couple of weeks away from discharge.

It will inspire you to keep up the fight

[kimba251]

I looked on Pacer and it is filed under the means test 6,000-10,000 or 25% chapter and exact section.

On paper for the last 6 months we are way above the median. Apparently from our means test they must be adding the bonus to the means as if it is broken up over 12 months and not a lump-sum. That puts us with about 1,500 disposable income a month even though are not really.

My lawyer is strongly leaning towards 13 I think. It's obviously up to us but I think he let us file 7 when we were really borderline and she called his "bluff" so to speak.

We probably belonged in 13 along although we don't have a surplus just because what your "real bills" are aren't what they ncessarily let you claim/deduct. I find the whole system flawed and it almsot seems like they force you into a 13 without regard for whether it works in real life. If it looks good on paper well then oh well.

I can't wait for our new 341 and see what she objects too.

I don't want to end up in court trying to justify why we ate chinese food on this date etc. We had no payment issues until we both got hurt. We lived large but worked mega overtime and paid our bills. Through a dissection of our lives I bet the bottom line would just look like we lived large and now here we are crying poor mouth.

I will keep everyone posted. We are not going 13 until we find the reason but I bet we end up there anyways.