which to file 7 v. 13

[tryingfor4]

I am on the verge of filing and have been told we qualify for 7, but if we wanted to file 13 we could. If we file 7, when do you find out their decision of what to take. If I don't like what they want can I at that point stop and go with 13?

[lillaimof2kids]

More than likely they'll need bank statements, paystubs, list of assets, total debts itemized. I know nothing about ch13, but I would imagine they would need the same items. Why would you want to pay $xxx monthly for the next 2-5 years instead of walking away free and clear in 5 or 6 months if you qualify for ch7? I have no idea if you can change from ch7 to ch13...I've never heard of that before

[AngelinaCat]

I know that a C13 can be converted to a C7, but I don't think it is so easy the other way around. It seems like I read a thread a couple of months ago, where the poster was facing getting their 7 dismissed, and then refiling in a few months as a 13, but I don't know. I don't remember the poster or circumstance. Getting dismissed is not something to be desired.

You may want to go to nolopress.com and check out their books on Bankruptcy. We are happy purchasers of the C7 book, because that is what we ended up filing, though we initially were trying for a 13. My loss of my FT job was what made the determination.

Good luck.