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We are converting to a 7, but has anyone faced this issue before?

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    We are converting to a 7, but has anyone faced this issue before?

    My husband and I are seperated and finally we spoke with the bk atty. His advice was NOT to start divorce proceedings and convert our 13 into a 7 since he will now have his own household expenses. He has found a place to rent, 3BR home so each of our kids will have a bedroom there. If he pays this rent we certainly are not going to be able to pay the chp 13 payment. Our atty didn't see a problem in converting, but do you knowho the trustee would look at our case since we will have 2 household expenses? The atty advised not to start the divorce because then it would be two seperate filings and we can be done in about 60-90 days by just converting. We meet with him this week, however we have only paid into our 13 for 8 months. Any thoughts?

    #2
    Your lawyer sounds very much on the ball. Unless there's something else you haven't shared with us, what he/she proposes makes perfect sense in your situation.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I agree with LRPRN, your lawyer seems to be up on things. But I am very sorry you and hubby are splitting. But it sounds like you are on good terms, which will be wonderful for the kids. My parents split when I was in high school(after they had been married 21 years). They got over it quick, and I am proud to say Dad and my second mom have invited Mom to Christmas dinner and vice versa. It is so nice for my brother and myself.
      Chapter 13 filed -8/12/04
      Plan approved- 7/11/05
      Date discharged--10-12-2007
      Date closed- 12/6/2007:yes2::yes2:

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        #4
        I am sorry you both are splitting also. I do hope that after everything is over you can remain on friendly terms. 'Hub and his ex-wife remained friendly also, after the initial shock and pain. It was HIS mother who thought a 'friendly divorce' was unnatural--because her own divorce had been nasty--and brought alot of needless grief and angst into the situation.

        Good luck to you both.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment

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